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M/s RS ELECTRICALS Versus UNION OF INDIA AND 3

2016 (1) TMI 770 - GUJARAT HIGH COURT

Attachment and seizure by the Service Tax Department for substantial service tax dues not paid - there is no final assessment of the petitioner's duty and penalty liabilities. The petitioner is seeking installments for depositing the amount demanded by the Department, so that the bank accounts which are attached and the godowns of the petitioner which are sealed may be released from such attachment and sealing. - Held that:- we are of the opinion that, upon certain conditions, the bank accounts .....

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AND MR. MOHINDER PAL, JJ. FOR THE PETITONER : MR BHARAT T RAO, ADVOCATE FOR THE RESPONDENT : DS AFF.NOT FILED (N), MR YN RAVANI, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner is facing attachment and seizure by the Service Tax Department for substantial service tax dues not paid. It is not necessary to go into details of the matter since presently there is no final assessment of the petitioner's duty and penalty liabilities. The petitioner is seeking installme .....

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cember 2014. He also handed over eight post-dated cheques of ₹ 50 lakhs each totalling to ₹ 4 crores towards possible duty and other liabilities. The petitioner was subsequently arrested and released on bail. The Department attached bank accounts and godowns. The post-dated cheques were not paid. 3. Previously the petitioner had filed Special Civil Application No.3620 of 2015 for the purpose of installments. By order dated 12.03.2015, Division Bench of this Court allowed the petition .....

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as not carried out final assessment ascertaining the duty, interest and penalty liabilities of the petitioner. At that stage to indefinitely seize the bank accounts and also to attach the properties is extremely harsh. He pointed out that through the petitioner's own deposits and the collections made by the Department directly from the customers of the petitioner, a total sum of ₹ 2.46 crores has already been collected by the Department towards service tax liability for the period in q .....

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oner from customers. In fact, the petitioner had commenced his business in the year 2005. The petitioner had in his statement dated 20.02.2015 admitted duty liability of ₹ 3.54 crores. There will be additional liabilities of interest and penalty. 6. Having heard learned counsel for the parties and having perused the documents on record, we are of the opinion that, upon certain conditions, the bank accounts and the godowns of the petitioner can be released from attachment, provided the peti .....

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