9911796707
TMI Blog2015 (1) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... ed out within 10 days from today. Service on added Respondents is dispensed with as no relief is claimed against them. They are formal parties. 2. By this Writ Petition, the Petitioners , inter alia, pray that there are eight notices which have been sent and copies of which are at Annexure "C", Annexures H-1 to H-8, Annexures I-1 to I-4 and Annexures M-1 to M-8. The grievance of the Petitioners is that the bank accounts have been frozen and attached with a view to recover the dues of the Department of Sales Tax, that is in relation to sales effected. The Petitioners claim that they are not dealers under either of the Acts, namely Maharashtra Value Added Tax Act, 2002 and the Central Sales Tax Act, 1956. 3. We are not concerned in this cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Central Sales Tax Act, 1956. The figure as derived by the Petitioners has not been confirmed in its entirety by the Asst. Commissioner of Sales Tax (Investigation)-15, Mumbai. According to the Department the sum due and payable is Rs. 17,72,01,194/-. 8. While we take both charts/tables on record, we are not expressing any opinion on the amount which is stated to be outstanding or due or payable by the Petitioners. 9. After hearing both sides at some length, we are of the opinion that the following order will not only serve the ends of justice but also balance rights and equities. Hence the order: (a) The Accounts with the Banks, which are added as Respondents 4 to 8, shall be released from attachment, provided the Petitioners main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fs on their own merits and in accordance with law. (g) The Petitioners undertake to this Court that they will make good the deficit, if any, in the Account No. stated above with the ICICI Bank (Respondent No.8), if the same falls short of Rs. 10 crores. Let the Petitioners do that first and thereafter the Bank Accounts with the ICICI and other Banks can be allowed to be operated. The Petitioners can be allowed to operate the Bank Accounts so as to transfer the sums in the above Account No. and our order passed in the above terms shall not affect this arrangement or the inter-bank transfer or inter-account transfer. (h) We clarify that in this Writ Petition we have not expressed any opinion on the rival contentions and each one of them sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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