TaxTMI 
TaxTMI 
2010 (9) TMI 966
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....ficer I, Kovilpatti, Tuticorin district, by which the respondent has directed payment of tax to the tune of Rs. 10,32,185, for the period November, 2007 to August, 2009, within seven days. A reading of the impugned notice shows that proceedings are pending before BIFR against the petitioner-company and it is an admitted fact. In those circumstances, under section 22(1) of the Sick Industrial Comp....
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....ial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement of any security against the industrial company or of any guarantee in respect of any loans or advance granted to the industrial company shall lie or be proceeded with further, except with the consent of the Board or, as the case may be, the appellate authority." th....
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....he Commercial Tax Department or for recovery of amount by the Public Works Department unless consent is obtained from BIFR. It is always open to the respondents in these cases to take necessary steps to implead themselves before the BIFR and seek permission for the purpose of recovery of the amount from the assets of the petitioner's company, which has been declared as 'sick company', in which eve....
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....id subsequent to the proceedings in BIFR and as long as the amounts of sales tax to be paid before BIFR proceedings are commenced, certainly they are to be referred to BIFR as per section 22 of the said Act. However, on the facts of the present case, it was a failure on the part of the petitioner to comply with the deferral scheme and non-payment of the amount, as per the instalments, has resulted....