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2016 (2) TMI 281 - GUJARAT HIGH COURTChallenge to the recovery notice - order of attachment - sale of goods without billing came to light during raid at godowns - Held that:- When the investigation is yet not completed and assessment to be made at a later point of time, it would not be appropriate on our part to make any conclusive observations with respect to the rival contentions. In view of the prima facie materials at the command of the department, it is not possible to direct lifting of the seals on the godown without further conditions. At the same time, the estimate of the department on possible duty and penalty liability is also based on 150% penalty which is maximum imposable under the statute and not necessarily always imposed at such maximum rate. In that view of the matter, on some further conditions, the seals on the godowns can be lifted. - Upon the two undertakings being filed and postdated further cheques being issued by the petitioner, seizure of the stock would be lifted. The department shall remove the seals on the godowns.
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