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TMI Blog2015 (4) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... - (Rupees One Crore Fifty Lacs) which includes an amount of Rs. 21,21,016/- for the period involved in this writ petition i.e. for the period 200809 and also restraining the respondent Nos. 1 to 4 from realizing any amount from the petitioner pursuant to the above garnishee order dated 20.02.2014. 3. The petitioner is a registered dealer under Section 25 of the Jharkhand Value Added Tax Act, 2005 and is also a registered dealer under Section 7 of the Central Sales Tax Act, 1956. The petitioner had entered into an agreement with M/s. Damodar Valley Corporation for supply of equipment and materials of Main Plant of BTPS-A-1 x 500 M.W. and also entered into another contract with Damodar Valley Corporation for rendering services of erection and commissioning of the said components which would finally constitute a power plant. 4. Earlier for the year 200809, the petitioner was assessed. On the basis of audit observation, the Assessing Officer initiated reassessment proceedings and for the period 2008-09 (26.11.2008 to 31.03.2009) issued the reassessment order dated 07.02.2013. Being aggrieved by and dissatisfied with the said reassessment order dated 07.02.2013, the petitioner has fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent No. 2 issued notice No.1610 dated 09.08.2012 fixing the date of hearing on 24.08.2012 and passed an exparte order rejecting the claim of ITC for Rs. 10,11,231/- for the month of June, 2011 and Rs. 6,13,000/- for the month of Feb, 2012 total being Rs. 16,24,231/-. Being aggrieved by and dissatisfied with the said reassessment order dated 24.08.2012, the petitioner has filed a revision petition on 15.01.2014 along with stay petition before the respondent No. 1 which is stated to be pending. 9. Before filling of the revision petition the second respondent issued a garnishee order dated 29.11.2013 to respondent No. 5State Bank of India, Bokaro Thermal Branch and realized an amount of Rs. 25,00,000/- (Rupees Twenty Five Lacs). Again the second respondent issued garnishee order dated 09.01.2014 directing the DVC/Respondent No.6 to deposit an amount of Rs. 3,00,00,000/- (Rupees Three Crores) and the sixth respondent vide letter dated 30.01.2014 deposited the aforesaid amount of Rs. 3,00,00,000/- (Rupees Three Crores) with the Commercial Tax Department. Thus, total amount of Rs. 3,25,00,000/- (Rupees Three Crores Twenty Five Lacs) was adjusted against the disputed demands for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order dated 09.01.2014 directing the DVC/Respondent No. 6 to deposit an amount of Rs. 3,00,00,000/- (Rupees Three Crores) and the sixth respondent vide letter dated 30.01.2014 deposited the aforesaid amount of Rs. 3,00,00,000/- (Rupees Three Crores) with the Commercial Tax Department. Thus, total amount of Rs. 3,25,00,000/- (Rupees Three Crores Twenty Five Lacs) was adjusted against the disputed demands for the period 2009-10. 14. The case of the petitioner is that again the second respondent issued Memo No.125 dated 20.02.2014 by which he had directed the Chief Engineer, Bokaro Thermal Power Station to pay a sum of Rs. 1,50,00,000/which includes an amount of Rs. 1,44,26,598/- for the period involving this writ petition i.e. for the period 200910 on account of tax due and/or penalty imposed or interest payable under the Jharkhand Value Added Tax Act, 2005 from the bank account of the petitioner. Being aggrieved by the said garnishee order, petitioner has filed this writ petition. 15. The petitioner has filed Interlocutory Applications being I. A. No. 1829 of 2014 in W.P.(T) No. 1156/2014, I. A. No. 1828 of 2014 in W.P.(T) No. 1157/2014 and I. A. No. 1827 of 2014 in W.P.(T)No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of W.P.(T) No. 1157 of 2014, it is stated by the learned counsel appearing for the respondents that the revision petition preferred by the petitioner is pending and the revision petitions in respect of W.P.(T) No. 1156 of 2014 and W.P.(T) No. 1159 of 2014 have finally been disposed of. If that is so, the petitioner would be at liberty to avail the statutory remedy as provided under the Jharkhand Value Added Tax Act, 2005. Since there is an effective statutory remedy available to the petitioner, we do not propose to go into the merits of the contentions raised by the petitioner in the writ petitions. Mr. Sumit Kumar, Senior Manager (Finance), BHEL, Bokaro Thermal Power Station is present in the Court and the learned Senior counsel on instruction submitted that the petitioner has sufficient funds with the DVC and the statement is recorded. Having regard to the submissions of the petitioner that the petitioner's source of finance is only DVC and consequent to the garnishee order issued to the DVC, the petitioner - which is a public sector undertaking is not in a position to make day to day payment of salary, statutory liability and other legal obligations and keeping in view t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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