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2008 (7) TMI 872 - HC - VAT and Sales TaxEnforcement of charge - Held that:- If the facts of the present case are analysed, admittedly there was no notice issued to the petitioners regarding the charge. There are also no materials available to infer constructive notice. In the counter filed by the respondents, it is nowhere stated that there is either actual notice or constructive notice to the petitioners. In view of the same, as provided under section 100 of the Transfer of Property Act, and as held by the Division Bench of this court, the charge cannot be enforced against the petitioners. So the impugned order is liable to be quashed and the encumbrance entries made in the records are liable to be removed. W.P. allowed.
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