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2016 (7) TMI 282 - HC - VAT and Sales TaxRecovery of tax - attachment of all bank accounts of the appellant - order u/s 45 of the KVAT Act - appellant submitted that, all bank accounts of the appellant are freezed and resultantly, all activities have come to a grinding halt, and hence, this Court may take up the matter - Held that:- Considering the facts and circumstances, it appears to us that the appeals are at large pending before the Tribunal and the appellant has deposited 30% of the amount and for the remaining 70% though the appellant was to furnish bank guarantee as per the interim order passed by the Tribunal and as the bank guarantee was not furnished, the powers were exercised under Section 45 of the KVAT Act. We find that freezing of the bank account or attachment of the bank account completely, would not serve any purpose, even if we consider the scope and ambit of Section 45 of the KVAT Act. - Order of attachment of bank accounts vacated subject to the conditions - Decided partly in favor of petitioner.
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