S.V.S. INDUSTRIES Vs. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (RECOVERY)

JUDGEMENT

(1.) In this writ petition, the petitioner who is the auction purchaser of the property referred to in the auction notification dated 24-12-2004 (Annexure-A) is challenging the demand notice dated 5-4-2010 (Annexure-K) issued by respondent 1 demanding Rs. 79,14,081/- from the petitioner on the ground that the previous owner of the property referred to in the auction notification had not paid the amount due towards sales tax etc. I have heard the learned Senior Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

(2.) Learned AGA appearing for respondent 1 and learned Counsel appearing for respondent 2-KSFC refer to the following resolution passed in the meeting held on 29-11-2013 between KSFC and Department of Commercial Taxes:

(3.) It is stated that the above resolution has been approved by the State Government. In view of this, learned AGA, on instructions from the Joint Commissioner of Commercial Taxes (Legal), submits that the matter requires to be re-examined by respondent 1 as to whether only the assets of the defaulter was sold under the auction notification or the defaulter's business as a going concern was sold. After such examination, he submits that respondent 1 will take action in the matter in accordance with the resolution referred to above.