Document Fragment View

Matching Fragments

1. The petitioner Company, incorporated under the provisions of the Companies Act, 2013 and in the business of coal beneficiation, dedicated to the processing and enhancement of coal, has approached this Court seeking a declaration that the demand notice and the communication issued to it by Gram Panchayat, Gowari, through its Secretary, Tahsil Rajura, District Chandrapur, be quashed and set aside, being arbitrary, as the demand pertain to the dues for the period prior to 2019 i.e. the period prior to the petitioner's acquisition of the assets of the corporate debtor under the Insolvency and Bankruptcy Code, 2016.

According to the petitioner, the Gram Panchayat, Gowari, exercising this power had assessed and revised the tax levied on Gupta Global Resources Private Limited, the erstwhile owner of the washery in question, and determined the tax due and payable to be Rs.1,46,954.42 (Rs.One Lakh Forty Six Thousand Nine Hundred and Fifty Four) and issued a demand notice on 15.06.2012 calling upon the Company to pay an amount of Rs.4,40,863.26 (Rs. Four Lakhs Forty Thousand Eight Hundred Twenty Three and Twenty Six Paise) towards the tax dues for the period from 2010-11 to 2012-13, spanning over three financial years. However, the Company failed to discharge its burden and in fact, the respondent did not take any step to recover its dues by initiating any procedure against it nor did it stand in queue when the notification was issued under the IBC, initially by inviting claims from the creditors as per public announcement dated 10.10.2017 and subsequently even when the liquidation proceedings progressed.

Our attention is invited to the order dated 18.03.2024 when the petitioner made a statement that he is willing to deposit sum of Rs.7,00,000/- (Rs. Seven Lakhs) towards discharge of liability of local tax body for the period subsequent to the purchase of the property from the Liquidator.

We are informed that in accordance with the said statement, the petitioner has deposited an amount of Rs.7,00,000/-(Rs. Seven Lakhs) with the respondent-Gram Panchayat, Gowari. We permit the Gram Panchayat to adjust the said amount deposited, towards the tax due and payable subsequent to the acquisition of the property and the petitioner has in particular expressed no objection for the same.