Indian Steel and Wire Products Ltd. vs State of Jharkhand and Others

Leave is given to the learned Advocate on the record to the petitioner to correct the cause title as far as respondent No. 4 is concerned to show the said respondent to be the Deputy Commissioner, Commercial Taxes, Jamshedpur Circle, Jamshedpur.

Having considered the submissions made on behalf of the respective parties, we are of the view that no useful purpose will be served in keeping the matter pending and the same be disposed of even at the stage of admission, having regard to the order that we propose to pass.

Admittedly, the petitioner Company was declared to be a sick industry under the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as "1985 Act") and a Scheme for rehabilitation was thereafter prepared and sanctioned and pursuant to such Scheme, the Tata Iron and Steel Company Limited is now functioning as promoter of the Company. The Scheme makes provision regarding the earlier sales tax dues which are to remain the liability of the erstwhile promoter, Indra Singh & Sons Private Limited. As far as current liabilities are concerned, it has been indicated in Paragraphs 6.7 of B.I.F.R. Scheme that the Commercial Tax Department, Government of Jharkhand had agreed to convert sales tax liability every year into sales tax loan and to accept the repayment of such loan on deferral basis, after the rehabilitation period which will continue till the year 2012.

Dr. Debi Pal, learned Senior Advocate, in support of the petitioner Company has submitted that notwithstanding the condition imposed in Paragraph 6.7 of the Scheme, the Company is regularly paying its current sales tax dues from the months of January, 2004 when it started production. Be that as it may, the main grievance of the petitioner is that although they had initially obtained Registration Certificate u/s 13(1)(b) of the Bihar Finance Act, 1981 and the same was renewed from time to time, its last application after sanction of the B.I.F.R. Scheme for renewal of such Registration Certificate has not been disposed of and that the petitioner Company was being deprived of the benefit of payment of lower rate of sales tax by not being provided with the statutory forms, being Form IX and Form C, the latter being a declaration form under the Central Sales Tax Act.

Having heard the submissions made in support of the petition and the Revenue, we dispose of the writ petition with a direction upon the Deputy Commissioner, Commercial Taxes, Jamshedpur Circle, Jamshedpur (respondent No. 4) to dispose of the petitioner''s application for renewal of Registration Certificate u/s 13(1)(b) of the Bihar Finance Act, 1981, adopted by the State of Jharkhand, within a period of one month from the date of communication of this order, after giving the duly authorised representative of the petitioner Company an opportunity of being heard and producing relevant documents. The respondents concerned shall take steps to supply the necessary forms, Form IX and Form C, upon payment by the petitioner Company of the admitted dues for the current year. The same is to be made available to the petitioner within the period aforesaid. Till such time, as the matter is not considered and disposed of by the said respondent No. 4, the respondents are directed not to take any coercive measure for realising sales tax at the higher rate, having regard to the provisions of Section 22 of the 1985 Act and the Scheme sanctioned thereunder.