9911796707
TMI Blog2013 (4) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... directing the Bank to freeze the accounts of the petitioner. The fact, which is relevant for the purpose of this case, is sought to be hereunder. On 27.11.2012 respondent No. 1 issued show cause notice calling upon the petitioner to file reply within thirty days from the date of receipt of the above show cause notice. In the show cause notice, the Department alleges that a sum of Rs. 5,04,66,099/- is allegedly due and payable on account of Service Tax by the petitioner for the period from December 2008 to March 2012 and a sum of Rs. 52,75,032/- alleged to have been due and payable by the petitioner on the same account for the period upto 29th September, 2012. From the tenor of the show cause notice, it appears that the aforesaid decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be done as mentioned in the show cause notice. Learned counsel for the respondents revenue contends that the Service Tax has been recovered by the respondent on behalf of the revenue and the petitioner is merely trustee to hold the amount and this amount is due and payable by him, therefore, adjudication, so to say, is a mere formality as the amount has already been adjudged by the respondents. Even provisional adjudication is good enough to invoke the provision of Section 87 of the Finance Act. He also contends that in the event this order is interfered with at this stage, the petitioner will withdraw the entire amount from the Bank Account and in the event if the amount is finally adjudicated, the Department will have no remedy to recov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in a case where the person to whom a notice under this section is sent, fails to make the payment in pursuance thereof to the Central Government, he shall be deemed to be an assessee in default in respect of the amount specified in the notice and all the consequences of this Chapter shall follow; (c) ...... (d) ......" According to me, going by the language of Section 87 of the Finance Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for the respondent authority, if so advised, to issue orders strictly in terms of Section 87 Clause (b) of the Finance Act 1994 for recovering the amount by issuing a fresh order after adjudication. In the interest of justice, I restrained the petitioner from transferring, alienating, disposing of the fixed asset and properties save in usual course of business till the final adjudication is completed. List of assets, duly certified by the auditor shall be supplied to the respondent revenue by the petitioner. This list of assets shall be supplied within seven days from the date of receipt of copy of this order.
With the aforesaid observation, the writ petition is allowed.
No order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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