9911796707
TMI Blog2022 (3) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... arding full tax applicable towards non-filing of 'C' Form. The provision under clause 10 (B) 10 of the BIFR Scheme grants concession only with regard to condoning the delay in payment of tax for non-filing of 'C' Form and not dispensing with the tax liability itself and that the exemption as contemplated in clause 10 (B) 10 is related to interest for delayed payment of difference tax rate and not the tax component itself - The respondent ought to have filed the declaration in Form C, to avail the concessional rate, unless that was done, the benefit of the concessional rate, as claimed by the dealer, cannot be given. The amount of ₹ 80.42 lakhs is due based on the assessment made for non-production of C forms and the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in accordance with the orders passed by BIFR in case No.29/92 dated 17.10.2008 within a period of twelve weeks from the date of receipt of such representation. 2. (i) The respondent is a registered dealer engaged in the business of manufacturing sanitary wares. During the course of their business, they failed to pay their monthly statutory tax dues to the tune of ₹ 5.49 crores for the assessment years 1994-1995 to 2006-2007 to the Government as prescribed under the Tamil Nadu General Sales Tax Act, 1959 and Central Sales Tax Act,1956. When a demand was made, the respondent filed a petition in Case No.29/1992 before the Board for Industrial and Financial Reconstruction (in short 'BIFR') for a declaration to declare that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual quarterly installments in the three succeeding financial years. The respondent also admitted the dues and agreed to pay it with interest, however, the respondent has not paid the taxes as scheduled. In such circumstances, the Bank of India, monetary agency, has paid ₹ 230 lakhs as ordered by the BIFR which was belatedly repaid by the respondent to the extent of ₹ 93.69 lakhs and the remaining amount of ₹ 226.05 stood unpaid. While facts are so as stated above, a notice was issued by the 2nd appellant to the respondent to settle down the pending arrears covered under Non-Scheme to the tune of ₹ 2,26,07,682/- in full payment within three days, failing which recovery proceedings will be initiated as per the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion for non-payment of the applicable tax with regard to the non filing of Form 'C'. It is further contended that the claim of the Department is not regarding any concession granted under clause 10 (B) 8 of the BIFR Scheme, but regarding full tax applicable towards non-filing of 'C' Form. The provision under clause 10 (B) 10 of the BIFR Scheme grants concession only with regard to condoning the delay in payment of tax for non-filing of 'C' Form and not dispensing with the tax liability itself and that the exemption as contemplated in clause 10 (B) 10 is related to interest for delayed payment of difference tax rate and not the tax component itself. It is also submitted that the respondent has failed to comply with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is granted liberty to make a representation to the first respondent seeking for waiver of the amount of ₹ 80,42,027/- relating to non-submission of 'C' forms for the years 1994-95, 1995-96, 1998-99 and 2000-2001 and on receipt of such a representation, the first respondent shall consider the same and take appropriate course of action, in accordance with the orders of the BIFR passed in Case No.29/92 dated 17.10.2008, preferably within a period of 12 weeks from the date of receipt of such a representation. Insofar as the recommendation, which is pending before the Waiver Committee relating to penalty and interest, it would be open to the petitioner to challenge the same, in case of any adverse findings therein. 7. The le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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