2022 (1) TMI 105 - HC - VAT and Sales Tax

Seeking tax concession/relief pursuant to the order of the Board for Industrial and Financial Reconstruction (BIFR) - HELD THAT - Since this Court had already taken a view in the order dated 15th January, 2014 that PPL should go before the BIFR for all incidental or ancillary reliefs it was seeking in respect of the Scheme from which it stands discharged by virtue of the above order dated 6th September, 2011, the Court considers it appropriate to reiterate that observation and direct that the NCLT, before whom the application filed by PPL on 18th June, 2014 is currently pending, should proceed with the hearing of the said application in accordance with law. The Court therefore refrains from issuing any direction or making any observation on the plea urged by PPL in the present petition and leaves it open to the PPL to urge all the pleas raised here vis- -vis the sanctioned Scheme passed in BIFR Case No.238 of 2003 before the NCLT. It must be noted here that in the present case, on 18th December, 2019, an interim order was passed to the effect that no coercive action would be taken against the Petitioner pursuant to the notice of assessment which had been permitted to be proceeded with by the Court on 8th December, 2014 with the direction that no final order would be passed in those proceedings. The net effect is that there is an interim protection in favour of the Petitioner preventing any coercive action being taken against it - this Court further directs that the interim order dated 18th December, 2019 will continue till such time the NCLT issues appropriate interim directions in the matter at the request of any of the parties. Writ petition disposed off.

Summary

Issues:
Challenge to order rejecting tax concession/relief | Previous court order directing decision on representation | Discharge of company from Scheme | Pending application before NCLT | Interim protection against coercive action

Analysis:
The writ petition challenges the rejection of tax concession/relief sought by a company as per an order by the Additional Chief Secretary. The court had previously directed the authorities to decide on the company's representation. The company had approached the BIFR, and the application is now pending before the NCLT. The company was discharged from the Scheme in 2011 due to positive net-worth. The court reiterates that all reliefs related to the Scheme should be pursued before the NCLT. An interim order protects the company from coercive actions. The court directs the NCLT to proceed with the pending application and maintains the interim order until NCLT issues appropriate directions. The writ petition is disposed of, with a copy to be submitted to the NCLT for prompt action.