TMI Blog2009 (8) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... er sections 26 and 24(2) of the TNGST Act. Therefore, reading the G.O. Ms. 48 along with the agreement which is also mentioned in the said G.O., the petitioner has agreed for the recovery of the Government loan as arrears of land revenue as per sections 26 and 24(2) of the TNGST Act . Thus the first respondent is justified in invoking the section 25 of the Revenue Recovery Act by issuing the impugned notice. Writ petition dismissed. - W.P. (MD) No. 1442 of 2008 - - - Dated:- 7-8-2009 - RAMANATHAN R.S. , J. ORDER:- R.S. RAMANATHAN J. Heard both sides. The petitioner is a manufacturer of fireworks and crackers and is a small-scale industry, registered under the Government of Tamil Nadu. With a view to encourage more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tering into the loan agreements, maintenance of accounts and collection of loan instalments when they fall due. The Special Commissioner and Commissioner of Commercial Taxes, are directed to prescribe the loan agreement format and to notify the officers competent to execute such agreement on behalf of the Government. Pursuant to the aforesaid G.Os., the Tamil Nadu Investment Corporation Limited has also given eligibility certificate No. IFST: D:V:N: VNR : 060: 98-99 dated October 12, 1998 to the petitioner to avail of the benefit of interest-free sales tax loan to an extent of Rs. 6.22 lakhs for 5 years from April 1, 1998 to March 31, 2003 and the petitioner also executed an agreement as provided in the said G.O. with the Government of Tami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002-2003 2007-2008 of directing the Government to give the statement of accounts to the petitioner. Even thereafter, the respondents did not give the copies of the statement of accounts but issued notice dated September 10, 2007 to pay the entire dues. Therefore, the petitioner filed W.P. (MD) No. 8740 of 2007 challenging the same and this honourable court was pleased to allow the writ petition, directing the respondents to furnish the details of the amount dues and as directed by this court, the respondents has also submitted the details of IFST loan with the assessment order starting from 1998-1999. As per the statement of accounts given by the respondents a sum of Rs. 3,07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are well within their rights to invoke the provision of the Revenue Recovery Act, as it is only the arrears of tax for which the proceedings under the Revenue Recovery Act have been initiated. It is no doubt true that as per G.O. Ms. No. 48, dated December 11, 1994 it has been specifically stated that the deferred sales tax will be treated as deemed to have been paid and an identical amount will be treated as Government loan payable by the assessee. The G.O. also postulates that the above deeming provision is subject to the condition of agreement being executed by the assessee in favour of the Government. In this case, an agreement dated January 21, 1999 has been executed by the petitioner in favour of the Government, in which there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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