Ours is a Central Govt. PSU which has been declared sick and referred to BIFR. We have two Sales Tax assessment years under dispute with Appelatte Authority and one ST assessment year under dispute under hearing with ST Tribunal. Meanwhile ST Recovery Wing is issuing demand notices and attachment notices for depositing the S tax dues under dispute or otherwise face attachment.
Kindly clarify whether we can get any relief through BIFR by way of instructing / passing orders to Sales Tax Deptt. to put on hold all the Sales Tax arrears as our company is sick and under BIFR review.
1 Answer from Attorneys
Hi,
Under the present situation you must approach the sales tax authorities i.e the Appellate authority or the tribunal where ever the cases are pending for the stay of recovery vide a proper stay application.
According to me BIFR will not interfere with the recovery of sales tax. If no stay is granted by the ST authorities then you should approach the High Court for the relief.
Regards
Jeevesh Mehta ( Indirect Taxation)
Ph: 09811617186
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