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2016 (6) TMI 1110 - GUJARAT HIGH COURT

2016 (6) TMI 1110 - GUJARAT HIGH COURT - TMI - Validity of recovery proceedings - Benefit of scheme granting reliefs to the sick industries from payment of amount of interest and penalty interest and penalty etc. - GVAT - petitioner has paid the entire amount as per the scheme - later the BIFR has dismissed the proceedings - Consequently recovery notices were issues by the respective authorities on the premises that the benefit of scheme was availed wrongly - petitioners mainly contended that ac .....

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communications ought to have been considered before issuing impugned notice. - The authorities directed to re-consider the case of the petitioner after granting a reasonable opportunity to the petitioner. It is expected that the respondent authorities before initiating any action in this regard, must grant reasonable opportunity to the petitioner and after hearing pass an appropriate order considering all material which may be produced before it. - decided partly in favor of petitioner. - S .....

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by respondent no.3 and further demand notice dated 2-4.9.2015 issued by respondent no.2 under the provisions of Gujarat Valued Added Tax Act, 2003 ( the Act for short). It is the case of the petitioners that the petitioner no.1 is a company duly incorporated under the provisions of the Act. The petitioner company was doing the business of sale of alloys and was a registered dealer under the Act. On account of business losses, assets of the petitioner company were eroded and petitioners were com .....

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.7.2010 and by virtue of the said scheme, State has introduced certain reliefs to the sick industries from payment of amount of interest and penalty interest and penalty etc. were to be granted by way of relief to those industries. In view of the aforesaid scheme, the petitioner no.1 company applied under the scheme on 27.11.2013 seeking to file benefit under the scheme and after examining on 18.2.2013, the respondent no.1 intimated the petitioner no.1 company that the State Government has consi .....

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rtificate , withdrawal of court cases. In due compliance of the payment made by the petitioner, even GIDC has informed the office of respondent no.1 company that total amount paid by respondent no.1 company has been duly received and has been granted in the account of the State Government. Subsequent to it, even GIDC issued an order dated 21.3.2014 whereby amount paid by the petitioner company was paid over to Commercial Tax Department towards their outstanding dues as also Dakshin Gujarat Vij C .....

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osed down and it has stopped production and did not have workers and thereby the authority vide order dated 21.10.2014 terminated the proceedings as deemed it proper not to continue the same further as a sick industrial unit in view of the aforesaid fact. After disposal of the said proceedings in the month of October, 2014, surprisingly on 9.3.2015, the petitioner company was served with a notice calling upon the petitioner company to pay the amount of ₹ 4,34,28,508/- by the respondent aut .....

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calling upon the petitioner to pay amount as stated above, failing which punitive action will be initiated. It was also intimated that attachment of the assets held by the petitioner no.1 will also be effected. It is in the background of that fact that the petitioner is left with no other alternative but to approach this Court by way of the present petition. 2. Learned counsel Shri Tanvish Bhatt appearing for the petitioners mainly contended that action on the part of the respondent authorities .....

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ntire amount from the petitioner, the respondent authority has initiated the action and therefore, learned counsel contended that the action on the part of the respondent authority is not just and proper. In view of the fact that the entire amount has been paid by the petitioner company it was contended that there was no justifiable reason on the part of the respondent authority to further issue and go on issuing notice of demand and thereby requested the Court to grant relief as prayed for in t .....

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st its industrial character and therefore, in view of the fact that the company has lost the industrial character it was not open for the petitioner company to avail any benefit. It was also contended by the learned Assistant Government Pleader that in view of the fact that several conditions have been breached by the petitioner company, upon which approval was granted, it is not open for the petitioner company to challenge the action of the respondent authority. It was also pointed out that it .....

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