TMI Blog2016 (9) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... esh consideration by the Tribunal. It would be open for the petitioner to contend before the Tribunal that the petitioner is a sick industrial company, the reference is pending and the provisions of the SICA would protect it against any recovery by coercive means. The specific aspect of recovery of sales tax dues and that of this Department from the petitioner is included in the proceedings before the BIFR. The arguments to the contrary of the Revenue and based on the legal provisions as referred above, can also be canvassed. The Tribunal shall consider them and pass an appropriate order in accordance with law, as expeditiously as possible and within a period of two months from the date of receipt of a copy of this order. We clarify tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of Gujarat and having its branch office at Mumbai. It has a registered office in the State of Gujarat. It carries on business in stainless steel. 3. It is submitted that before the First Appellate Authority and the Tribunal it was not pointed out that the petitioner is a sick industrial company within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, SICA ). On 26-2-2014, a communication was addressed to the Secretary of the Board for Industrial and Financial Reconstruction (BIFR), set up under the SICA. A reference under Section 15(1) of the SICA was forwarded in the prescribed FormA along with all enclosures in six sets containing 1083 pages. That reference was duly registered. The Board had co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sales tax is not permissible during the pendency of this Appeal. Therefore, there should be an unconditional stay of recovery. On the other hand, Mr. Sonpal, appearing for the Revenue, submits that the view taken by the Supreme Court of India in the case of Corromandal Pharmaceuticals (supra) stands and is in no way distinguished or departed from and in that regard he relies upon the Judgment in the case of Raheja Universal Limited (supra). 8. After giving our anxious consideration to the submissions canvassed by both parties, we are of the view that instead of this Court going into these issues, for the first time and that too, at the stage of hearing of a stay application, interest of justice would be served if we allow this writ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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