sick company and certificate proceeding

vinod (Querist) 26 May 2008 This query is : Resolved
when the company has been declared as a sick company and high court has appointed official liquidator , whether claim by sales tax department for it due taxes can be lodged before the certificte officer under the public demand and recovery act ?

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Guest (Expert) 28 May 2008
Sir
your query needs more clarification.
Have you filed application in BIFR or is it a members/creditor's winding up. What is it.

Sales tax has got first priority over the dues against any other person, even the Banks or other creidtors. UCO Bank and Dena Bank cases.

Therefoer they can proceed against the Liquidator or file application before BIFR.

J K Agrawal (Expert) 29 May 2008
As the HC has appointed liquidator it remains no role pending with BIFR and the sales tax department can recover its dues only thrugh official liquidator. A direct recory is prohibited. You may rafer SC decisions Real Value Appliances v Canara Bank 93 Com Cases 23 decided on 5-5-1998 and Patheja Btorhers forging v ICICI Ltd 102 Com cases 21 decided on 24-6-2000

Gulshan Tanwar (Expert) 25 January 2011

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