2016 (3) TMI 593

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..... to obtain such consent. It cannot be disputed that without obtaining consent in terms of Section 22 of the SICA Act, the Assessing Officer cannot implement the impugned Demands dated 07.12.2015 and 14.12.2015.
F. M. Reis And K. L. Wadane, JJ. For the Appellant : Mr. S. R. Rivankar and Mr. Rama Rivankar, Adv For the Respondent : Ms. Asha Desai, Adv JUDGMENT ( Per F M Reis, J. ) Both the above Petitions are taken up together as it was not disputed that the points raised therein are similar. 2. Heard Shri S. R. Rivankar, learned Counsel appearing for the Petitioners and Ms. Asha Desai, learned Counsel appearing for the Respondents. 3. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Re .....

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..... ncome-tax (Assessment). Learned Counsel as such pointed out that the impugned demands dated 07.12.2015 and 14.12.2015 be accordingly quashed and set aside. 6. On the other hand, Ms. Asha Desai, learned Counsel appearing for the Respondents, has pointed out that the Respondents are entitled to recover such amounts and the Petitioners have an alternate remedy to challenge the impugned Demands before the Commissioner of Income Tax. Learned Counsel further pointed out that the Assessing Officer learnt that the Petitioners were being registered as a sick unit only recently and the authorities will take necessary consent in terms of Section 22 of the SICA Act. Learned Counsel as such pointed out that the Petitions be rejected. 7. We have consid .....

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..... ) of the Income Tax Act, 1961, without first obtaining consent of the BIFR as provided in Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985." 8. Taking note of the said observations and the Judgment of the Apex Court referred to therein, it cannot be disputed that without obtaining consent in terms of Section 22 of the SICA Act, the Assessing Officer cannot implement the impugned Demands dated 07.12.2015 and 14.12.2015. 9. In such circumstances, we find that the above Petitions can be disposed of by holding that the impugned demands dated 07.12.2015 and 14.12.2015 would be implemented by the Respondents upon obtaining the requisite consent in terms of Section 22 of the SICA Act. 10. With the above directions, .....

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