- (1.) The petitioner company has preferred this petition for issuing a writ in the nature of mandamus commanding respondent No. 2 not to take any coercive action against it for recovering sales tax dues of the period prior to the cut of date fixed by the Board for Industrial and Financial Reconstruction (in short BIFR) and for quashing of the recovery citation dated 16.11.2015 as also the recovery certificate number 1532 MOD 0000010 dated 18.5.2015 sent by SMS, a copy of which is annexure 5 to the petition.
(2.) A further mandamus has been sought restraining the respondents from taking any coercive action for recovery of any sale tax dues until and unless a final decision is taken by respondent No. 3 on a representation dated 4.6.2015 (annexure 8 to the petition).
(3.) The petitioner company alleges that it has been declared sick by the order of the BIFR dated 21.4.2008 and on the same date a scheme for rehabilitation was sanctioned mentioning 31.3.2008 as the cut of date. The scheme vide Clause 12.7.5 specifically provides for the waiver of interest and penalties of sales tax dues in respect of past period and to accept payment of sales tax after such waiver of interest and penalties in 10 equal yearly installments after deferment for the period of 10 years. It also provides that the current sales tax or any tax of such nature be deferred for 10 years and be paid thereafter in 10 equal yearly installments.;