ORDER :

Mehta, J.

1. This bunch of Sales Tax Revisions involves identical questions of facts and law and hence, the same is being decided together by a common order. These revisions have been preferred by the petitioner M/s. UltraTech Nathdwara Cement Limited for assailing the order dated 28.12.2020 passed by the Rajasthan Tax Board, Ajmer, rejecting the applications of the petitioner for refund of mandatory statutory obligation pre-deposit with interest made with appeals filed before the Tax Board.

2. With the consent of the learned counsel for the parties, the matters have been heard finally.

3. The following substantial questions of law are proposed for adjudication in these revisions :

A. Whether in the facts and circumstances of the case, the learned Rajasthan Tax Board exercised its jurisdiction excessively and with material irregularity by ignoring the order dated 14.11.2018 passed by NCLAT, New Delhi read with the resolution plan and as well as not adhering to the orders passed by Hon’ble Supreme Court dated 26.07.2019 & 19.05.2020 & 24.01.2020 and the judgment dated 07.04.2020 of the Hon’ble Division Bench of Rajasthan High Court in true spirit of law and in rejecting the prayer to refund the amount paid as pre-deposit with the appeals (along with interest)?

B. Whether in the facts and circumstances of the case, the learned Rajasthan Tax Board wrongly exercised its jurisdiction and acted with material irregularity as on one hand it has held that in view of order dated 14.11.2018 passed by NCLAT, New Delhi read with the resolution plan and orders passed by Hon’ble Supreme Court dated 26.07.2019 and 19.05.2020 and 24.01.2020 and the judgment dated 07.04.2020 of the Hon’ble Division Bench of Rajasthan High Court, maximum amount which can be recovered from the petitioner is Rs. 61.05 Cr while on another hand has rejected the refund of pre-deposit amount which was deposited and lying with the respondent department in excess of Rs. 61.05 Cr?

4. Brief facts, relevant and essential for disposal of these revisions are noted hereinbelow :

The Assistant Commissioner, Commercial Taxes Department issued VAT assessment orders fixing liability of company M/s. Binani Cement Limited for different periods ranging from 2005-06 to 2015-16 and also imposed upon it, additional tax and interest. These orders were carried by M/s. Binani Cement Limited in appeal to the Deputy Commissioner (Appeals), Commercial Taxes Department, Jodhpur, who dismissed the same by separate orders. Being aggrieved by the orders passed by the assessing authority and the appellate authority, M/s. Binani Cement Limited preferred appeals before the Rajasthan Tax Board, Ajmer.

5. As per Section 82 (3) of the Rajasthan Value Added Tax Act, 2003 (for short, “the Act of 2003”), the appeals were entertained with the mandatory statutory pre-deposit of stipulated percentage of the amounts levied under the disputed Tax Assessment orders.

6. Binani Cement Ltd. suffered losses and became sick during the pendency of these appeals, whereupon its Creditors initiated Insolvency procedure under the Insolvency and Bankruptcy Code, 2016 (for short, hereinafter referred to as ‘the IBC, 2016’) before the National Company Law Tribunal, Kolkata (for short, ‘NCLT’). Various players including the petitioner M/s UltraTech Nathdwara Cement Ltd. submitted their Resolution Plans before the NCLT. The respondent Commercial Taxes Department, in the capacity of an operational statutory creditor, made a claim to the tune of Rs.479,73,13,819/-towards Value Added Tax in the resolution proceedings. By virtue of the orders of Hon’ble Supreme Court, the resolution proceedings were transferred to the National Company Law Appellate Tribunal (for short, ‘NCLAT’), which admitted claim of the Department to the extent of Rs.61.05 Crores only and dismissed the remaining claim. The NCLAT approved the Resolution Plan submitted by the petitioner UltraTech Cement Limited for Rehabilitation/Revival of the sick industrial un