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Chirag Cotton Co. Versus Commercial Tax Officer

2015 (12) TMI 1476 - GUJARAT HIGH COURT

Failure to VAT - Attachment of the petitioners' bank accounts and immovable property in the form of residential flat and office premises as per the details given in the petitions - Held that:- 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 attaching all the bank accounts of both the petitioners. In the opinion of .....

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o 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 Harsha Devani ) 1. Rule. Ms. Maithili Mehta, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent in each .....

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ant in connection with which search was carried out at the premises of the petitioners and books of accounts and relevant documents came to be seized. In addition thereto, the respondents attached several bank accounts of the petitioners to the extent of ₹ 50 lakhs each by orders dated 13th October, 2015. The respondents also attached a residential flat situated at Mahavir Flats valued by them at more than ₹ 1 crore as well as office situated at 205, Kalash Complex valued at more tha .....

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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 S .....

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audulent transactions to the tune of ₹ 3,50,00,000/- which have been received by way of refund by M/s. Standard Textiles of which Chirag Patwa is an authorised signatory. It was submitted that, therefore, the amount which is likely to be recovered from the petitioners is not merely ₹ 50 lakhs each but would run into ₹ 3,50,00,000/- or more. It was accordingly urged that no case has been made out for releasing the attachment of the bank accounts. 6. Having regard to the submissi .....

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d is more than ₹ 50 lakhs. Therefore, the respondents have assessed an amount of approximately ₹ 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 r .....

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