Pendency of sickness and winding-up proceedings raised a maintainability challenge to a tax demand notice.

A tax demand notice was challenged as not maintainable because sickness and winding-up proceedings were still pending. The assessee contended that the company had been declared sick, referred to the Board for Industrial and Financial Reconstruction, and that the Board had recommended winding up, which had moved into a company petition. The legal point raised was whether statutory proceedings under the sickness and winding-up framework barred or affected the demand notice while those proceedings remained unresolved. The provided text is truncated before any final adjudication on the challenge to the notice.

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Issues: Whether the tax demand notice issued during pendency of sickness and winding-up proceedings could be challenged as not maintainable.

Analysis: The excerpt records the assessee's contention that the company had been declared sick, a reference had been made to the Board for Industrial and Financial Reconstruction, the Board had recommended winding up, and the recommendation had progressed into a company petition. It also notes the challenge to the demand on the footing that the statutory sickness and winding-up proceedings had not concluded.

Outcome: The provided text is truncated before any final adjudication on the challenge to the demand notice.

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