9911796707
TMI Blog2023 (9) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... ue Added Tax Act, 2002 ("MVAT Act"). 3. The contention of the Petitioner is that the impugned notice is bad in law and illegal for the reason that there are proceedings, which are initiated against the Petitioner before the National Company Law Appellate Tribunal ("NCLAT") as also there is a substantive order dated 15th October 2018 passed by the NCLAT, which is to the following effect: "Taking into consideration the nature of the case, larger public interest and economy of the nation and interest of the Company and 348 group companies, there shall be stay of (i) The institution or continuation of suits or any other proceedings by any party or person or Bank or Company, etc. against 'IL&FS' and its 348 group companies in any Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and not be applicable to any petition under Article 226 of the Constitution of India before any Hon'ble High Court or under any jurisdiction of the Hon'ble Supreme Court." 4. It is contended that the above interim order continues to be in operation today also. Our attention is also drawn to Section 14 of the Insolvency & Bankruptcy Code, 2016 to contend that in the teeth of the said provisions, as also the orders passed by the NCLAT, as noted by us above, the impugned notice needs to be treated as illegal and/or withdrawn by the Respondents. 5. Having heard learned Counsel for the parties and perused the proceedings, we may, at the outset, observe two significant aspects: Firstly, that vide the impugned notice, an amount of Rs. 7,81, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that the petition needs to be disposed of in terms of the following directions: (i) We direct the Assistant Commissioner of State Tax to hear the Petitioner on the Petitioner's representation dated 6th July 2021 (Exhibit-"D") and the representation dated 28th April 2023 (Exhibit -"H") and pass a reasoned order, considering as to whether the impugned action under the impugned notice ought to be withdrawn. (ii) Let an appropriate decision in that regard be taken within four weeks from today. (iii) All contentions of the parties are expressly kept open. (iv) Petition disposed of in the above terms. No costs. (v) Needless to observe that in the event there are some deposits made, the appropriate officer to take deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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