VADILAL DAIRY INTERNATIONAL LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Parties agree that instead of asking for a reference from the Tribunal, the court itself can dispose of the questions which have been raised, as if referred by the Tribunal.

(2.) The tribunal by its order dated 19.7.2008 declined to make reference. Consequent the present application.

(3.) When the appeal came up before the tribunal, the applicant which was a sick company had moved the B.I.F.R. Under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA Act). The board after considering the submissions of the various parties by its order dated 31.10.2007 was pleased to sanction the scheme. In so far as the sales tax department is concerned, it waived the interest and penalty upto the period 31.3.2007.