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2023 (9) TMI 709

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..... thdrawn. The Petitioner's detailed representations are required to be considered in accordance with law. The Assistant Commissioner of State Tax are directed to hear the Petitioner on the Petitioner s representation dated 6th July 2021 (Exhibit- D ) and the representation dated 28th April 2023 (Exhibit - H ) and pass a reasoned order, considering as to whether the impugned action under the impugned notice ought to be withdrawn - petition disposed off. - G.S. KULKARNI JITENDRA JAIN, JJ. For the Petitioner : Mr. Sriram Sridharan, a/w. Shanmuga Dev. For the State/Respondent Nos. 1 to 3 : Mr. Himanshu B. Takke, AGP,. P.C:- Heard Mr. Sridharan, learned Counsel for the Petitioner and Mr. Takke, the learned AGP .....

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..... ial paper, debentures, fixed deposits, guarantees, letter of support, commitment or comfort and other financial facilities or obligations vailed by IL FS and its 348 group companies whether in respect of the principal or interest or hedge liability or any other amount contained therein. (iv) Suspension of temporarily the acceleration of any term loan, corporate loan, bridge loan, commercial paper, debentures, fixed deposits and any other financial facility by the IL FS and its 348 group companies by any party or person or Bank or Company, etc. as of the date of first default. (v) Any and all banks, financial institutions from exercising the right to set off or lien against any amounts lying with any creditor against any dues .....

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..... ting out the entire position requesting the Assistant Commissioner of State Tax to withdraw the impugned notice in view of the detailed reasons as set out in the said representation, including the NCLAT proceedings and the order passed by it. The Respondents have also filed its claim before the Claims Management Advisor on 11th August 2022, a copy of which is annexed at Exhibit- I of the paper book. The claim made against the Petitioner by the Respondents vide letter dated 11th August 2022 is for an amount of Rs. 494,06,89,899/- for the periods 2011-12 to 2016-17. In our opinion, all such materials are required to be considered by the designated officer and the officer to take a decision whether the impugned notice dated 28th June 20 .....

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