TMI Blog2020 (12) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... ard Sri Navin Sinha, learned Senior Advocate, assisted by Sri Rahul Agarwal, and Sanyuka Singh, learned counsel for the petitioner and Sri C.B. Tripathi, learned Special Counsel for the State-respondents. 2. This writ petition has been filed praying for the following relief:- (I) To issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned orders (Annexure No.1) (Colly). (ii)To issue an appropriate writ, order or direction in the nature of mandamus directing the respondents not to take any coercive steps against the petitioner qua the impugned orders and/or qua any subsequent demands in this regard against the petitioner. 3. Briefly stated facts of the present case are that one M/s Bhushan Steel Limited was an assessee, registered under U.P. Value Added Tax Act, 2008 (hereinafter referred to as the Act, 2008 ) for the Assessment Year 2016-17. Annual return in terms of the provisions of Section 24 of the Act read with Rules 45(7) of the U.P. Value Added Tax Rules, 2008 (hereinafter referred to as the Rules, 2008 ) was to be filed by 31.10.2017 so as to enable the Assessing Authority to make assessment for the Assessment Year 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred on the resolution professional under the Code and the CoC shall continue with its role and responsibility and have protection as set out in the Code including approving the matter as has been approved during the period prior to effective date. 82. In respect of the relief and concession as set forth in Annexure-8 it is not possible for us to issue any directions except to say that the monitoring agency alongwith the resolution applicant may make a claim before the authorities which shall be considered in accordance with law. Moreover, these reliefs and concession are also not condition precedent for the acceptance of resolution plan and would not be any impediment for us to accept the Resolution Plan. 83. As a sequel to the above discussion we pass following directions:- (i) C.A. No. 244 (PB_/2018- The application filed by the Resolution Professional for accepting the resolution plan approved by the CoC submitted by Resolution Applicant-TSL, is accepted and it is clarified that the relief and concession set forth in Annexure-8 must abide by the directions issued in the preceding paras. The Monitoring Agency and the Resolution Applicant-TSL may file appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TU-2) 1,789,999,184 6 The Government of India through the Assistant Commissioner GST Central Excise, Cuttack-1 Division, Sec-6, CDA, Cuttack-753014 912,709,500 Total 3,372,903,758 7. It appears that during course of assessment proceeding for the assessment year 2016-17 in the matter of M/s Bhushan Limited, a show cause notice was issued to the assessee. On behalf of the assessee, the petitioner i.e. M/s Tata Steel B.S.L. Limited appeared in the assessment proceedings. Petitioner submitted a reply dated 16.03.2020. In paragraph no.1 of the reply dated 16.03.2020 submitted before the respondent no.2, the petitioner has stated as under:- Prior to adverting to the response to the notice, it is pertinent to mention herein that the name of M/s Bhushan Steel Limited has been changed to M/s Tata Steel BSL Limited (herein after called the Noticee ) from November, 27, 2018. Your good office is thus requested that all and any further communication/correspondence may be addresses to Tata Steel BSL Limited . 8. Petitioner submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dues of the respondents-department against M/s Bhushan Steel Ltd. are the first charge over the property of M/s Bhushan Steel Ltd./ the petitioner. Therefore, the demands created under the impugned assessment orders are lawfully recoverable from the petitioner. (ii) M/s Bhushan Steel Ltd./ petitioner has collected the indirect tax and, therefore, they cannot be allowed to withhold it under the garb of protection under Section 31 of the IBC. Section 24 of the U.P. Act, 2008 provides for submission of tax return and to deposit the net amount of tax payable shown in such tax return alongwith amount, if any, realized in excess of amount of tax due under the Act from purchasers of goods during the tax period. Section 43 of the U.P. VAT Act, 2008 mandates that where any amount has been realized from any person by any dealer, purporting to do so by way of realisation of tax on the sale or purchase of goods, in contravention of provisions of sections 22 and 23, such dealer shall, subject to provisions of subsection 14 of section 21, deposit the entire amount so realised in the manner and within the period prescribed under section 24. Therefore, the amount of indirect taxes represent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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