TMI Blog2015 (12) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... till, inasmuch as, they would not be in a position to encash the cheques received by them nor make other payments by way of cheque. However, having regard to the submissions advanced by the learned Assistant Government Pleader, this court is of the view that while releasing the attachment of the bank accounts, the petitioners are required to be put to certain terms to maintain a particular balance in the bank accounts. - Decided in favour of assessee. - Special Civil Application Nos. 17805 & 17806 of 2015 - - - Dated:- 30-10-2015 - Harsha Devani And A. G. Uraizee, JJ. For the Appellant : Mr Manish K Kaji, Adv For the Respondent : Ms Maithili Mehta, Assistant Government Pleader ORDER ( Per : Honourable Ms. Justice Harsh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. It was submitted that the attachment orders qua each bank state that the petitioners have not paid value added tax of approximately ₹ 50 lakhs. It was submitted that in case the petitioners had sufficient funds in each of the bank accounts, the respondents would have succeeded in attaching ₹ 50 lakhs from each of the bank accounts maintained by the petitioners which would be running into several crores of rupees. It was submitted that having regard to the fact that the residential flat as well as office premises are valued by the respondents at more than ₹ 1 crore and more than ₹ 25 lakhs respectively, the amount of ₹ 50 lakhs which is the figure stated in the attachment orders in each petition is secured. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely ₹ 50 lakhs to be likely to be payable at the end of assessment proceedings. A perusal of the order made under section 45 and 45(1) of the Act reveals that the respondents have valued the residential flat at more than ₹ 1 crore and the office premises at more than ₹ 25 lakhs. Therefore, in all, immovable properties worth more than ₹ 1,25,00,000/- have been attached by the respondents. Having regard to the fact that the figure mentioned in the attachment orders is ₹ 50 lakhs each, in the opinion of this court, the Government revenue is sufficiently secure in view of the attachment of the residential premises and office premises. Under the circumstances, the respondents do not appear to be justified in further ..... X X X X Extracts X X X X X X X X Extracts X X X X
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