9911796707
TMI Blog1996 (1) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... n itself is taken up for final disposal. It is not in dispute that the petitioner-company was declared as a sick industry and a scheme for rehabilitation was framed by BIFR (Board for Industrial and Financial Reconstruction). Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 deals with suspension of legal proceedings, contracts, etc. That section states that no proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealer shall be paid forthwith towards the said arrears of sales tax. A similar notice was also issued to the State Bank of Travancore, Tirupur, for the said amount of Rs. 64,72,755. It is at this stage the petitioner has approached this Tribunal with the prayer to forbear the Commercial Tax Officer, Tirupur from recovering sales tax for the assessment years 1985-86 to 1987-88 without obtaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esult, the amount of sales tax for the years 1985-86 to 1987-88 became due and payable for the recovery of which the form B6 notice was issued. It is true that the High Court granted a conditional stay. On the condition not having been complied with, the stay stood automatically vacated. The only legal consequence would be that there was no stay. The amount of sales tax due for the years 1985-86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy been declared as a sick industrial undertaking a scheme has been framed giving the benefit of section 22. Therefore, the form B6 notices issued in the instant case which were not preceded by the consent from the board are set aside. It is open to the respondents to take fresh action to recover the arrears of tax. Issued under my hand and the seal of this Tribunal on this the 30th day of Januar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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