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2017 (7) TMI 928 - GUJARAT HIGH COURTAttachment of the petitioner’s stock of footwear - validity of the action of the State authority in attaching the petitioner’s accounts - Held that: - we may continue the attachment but would permit the petitioner to rotate the stock. This on one hand would safeguard the interest of the revenue and at the same time would enable the petitioner to sell the product without the possibility of the market value of the footwear diminishing due to passage of time. Insofar as the attachment of accounts and other documents is concerned, the authorities have not demonstrated any reason for exercising powers under subsection (4) of Section 67 nor any reasons have been recorded before exercising such powers. The powers being drastic, the authorities must demonstrate satisfaction of pre conditions before exercise of such powers. However, we would permit the department to retain xerox copies duly authenticated of the documents already seized before returning them to the petitioner. Petition allowed - decided partly in favor of petitioner.
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