Dismissing the petition the court held that merely because the assessee was a running concern at the point of time by virtue of the orders passed by the National Company Law Tribunal in the insolvency petition, it would not alter the situation with regard to the recovery of the tax dues under the provisions of the Act. The order passed by the National Company Law Tribunal had been quashed by the Supreme Court. The assessee had defaulted in payment of tax of Rs. 1907.90 lakhs and even if the contention of the assessee was accepted that the assessee had to recover an amount of Rs. 694.60 lakhs, the assessee would not be in a position to make payment of the outstanding tax liability. Therefore, when the order passed under section 179 of the 1961 Act, had attained finality and had been implemented with the auction of the immovable properties, no interference was called for at such belated stage. The grievance of the assessees with regard to the irregularities and illegalities in the auction proceedings conducted by the Department could be contended before the appropriate forum.( AY. 2010-11)