Petition for Waiver of Penalties & Interest Granted Under BIFR Revival Scheme

The petitioner, a sick industrial company, sought a waiver of interest, penalty, and non-production of 'C' forms based on a revival scheme sanctioned by the BIFR. The court directed the department to consider exempting the company from the amount related to non-submission of 'C' forms, in line with the BIFR's orders. The impugned notice was set aside, granting the petitioner liberty to seek waiver from the Government. The court ordered the first respondent to review the representation within 12 weeks. The case was disposed of without costs, concluding the legal proceedings.

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Issues:
1. Request for waiver of interest, penalty, and non-production of 'C' forms.
2. Non-consideration of petitioner's request leading to filing of writ petitions.
3. Pending departmental request for waiver of penalty and interest.
4. Refusal to recommend waiver of amount for non-submission of 'C' forms.
5. Interpretation of BIFR order and justification for waiver.
6. Setting aside of impugned notice and granting liberty for representation.

Analysis:
1. The petitioner, a sick industrial company, sought a waiver of interest, penalty, and non-production of 'C' forms based on a revival scheme sanctioned by the BIFR. The department's non-consideration of the request prompted the filing of writ petitions.
2. While the department had requested the Waiver Committee for remission of penalty and interest, the matter was pending as of the last update. The petitioner did not contest the favorable recommendation for waiver of interest and penalty, leaving room to challenge any adverse findings by the Waiver Committee.
3. The dispute arose regarding the refusal to recommend waiver for the amount related to non-submission of 'C' forms. The BIFR order had exempted the company from penalties, interest, and other levies for late payments of sales tax, contradicting the department's stance of lacking proof for loss of records.
4. The judgment emphasized that the department should not defy the BIFR's orders and should consider exempting the company from the amount concerning non-submission of 'C' forms. The petitioner was granted liberty to approach the Government for representation seeking waiver, aligning with the ends of justice.
5. Consequently, the impugned notice was set aside, allowing the petitioner to represent to the first respondent for waiver of the specified amount. The first respondent was directed to consider the representation in line with the BIFR's orders within 12 weeks. The petitioner retained the right to challenge any adverse findings on penalty and interest recommendations before the Waiver Committee.
6. The Writ Petitions were disposed of without costs, and the connected miscellaneous petition was closed, concluding the legal proceedings.

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