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TMI Blog2016 (10) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... est thereupon. In the interest of justice, we deem it proper that Simple Interest at the rate of 9 per cent be awarded to the appellant from the date of deposit till the date of release of this amount which shall be payable by the Respondent No.2 viz., the Joint Commissioner, Commercial Tax (FAC), Madurai. The interest shall be calculated and paid within a period of three months. We make it clear that, in case, the property is to be ultimately sold for realising the dues payable to respondent No.2, the respondent No.2 shall be entitled to recover the aforesaid interest as well which would be paid to the appellant. - Civil Appeal Nos. 9234-9250 of 2016 (Arising out of SLP (C)Nos. 13807-13823 of 2016) - - - Dated:- 9-9-2016 - A. K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome ineligible for the continuance of the deferral scheme, in view of the stoppage of production for six months continuously. The company gave a reply dated 25.01.2002 pointing out that it had become a sick industrial undertaking and that it had applied to the Government for rehabilitation. However, the Commercial Tax Officer, made a demand on 22.01.2002 for payment of arrears of sales tax to the tune of ₹ 45,67,264/-. Since the company could not pay the amount, the Deputy Commercial Tax Officer initiated revenue recovery proceedings by issuing a sale notice dated 30.07.2004. The said notice was challenged by the company by way of Writ Petition being WP (MD) No. 1964 of 2004. A fresh notice was issued on 01.11.2004 by the Assistant Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o been sold in public auction, without the authority of law. All these writ petitions were taken up together and by common order dated 17.09.2008 these were allowed on the following grounds: (1) There was a total violation of Section 36 of Tamil Nadu Revenue Recovery Act, 1864, inasmuch as the sale took place within a period of seven days from the date of sale notice, as against the statutory prescription of 30 days; (2) The sale confirmation took place within 30 days contrary to the prescription contained in section 38 of Tamil Nadu Revenue Recovery Act, 1864; (3) The valuable property rights of an individual shareholder of the company stood violated by the sale of his property for the dues of the company. While allowing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted by the Department. The assessee paid the amounts as prescribed under Section 7 of the Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2010. The competent authority issued a Certificate of Settlement on 16.03.2011. Though the question of settlement of arrears under the 'Samadhan Scheme' was actually between the assessee and the Government, the auction purchaser filed a petition for revocation of the Sales Certificate on the ground that behind his back, there cannot be a settlement between the Government and the assessee. Instead of throwing out this petition at the threshold, the Joint Commissioner entertained the same for obvious reasons, and issued a show cause notice on 27.12.2012 for revocation of the Certificate of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed review application in the High Court which has also been dismissed by the High Court vide the impugned judgment. Challenging the orders passed in the review application, these special leave petitions are preferred and in these petitions, limited notice was issued on the aspect of the grant of interest only. The said order dated 13th May, 2016 reads as under: - The petitioner is the auction purchaser and the said auction was held to be illegal by the Courts below with a direction to refund the amount of ₹ 80 lakhs which was paid by the petitioner. The High Court has, however, denied the interest on the paid amount. Issue notice limited to the issue as to whether interest should be granted or not, returnable in six week ..... X X X X Extracts X X X X X X X X Extracts X X X X
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