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TMI Blog2016 (2) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... swal, Vato ORDER CM No. 3287/2016 ( for exemption ) 1. Exemption allowed subject to all just exceptions. 2. The application is disposed of. W. P. (C) 759/2016 & CM No. 3286/2016 (for stay) 3. Notice. Mr. Gautam Narayan, learned Additional Standing counsel for the Respondents accepts notice. 4. This is a writ petition by Bhupinder Auto International through its Sole Popreitor praying for de- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e DVAT Act. 6. The copy of the sealing order dated 14th January 2016 which has been enclosed with the paper book shows that it is a pre-printed form which states that the dealer in question failed to produce the books of accounts in spite of the notice under Section 59 of the DVAT Act. Therefore, the Assistant Commissioner (Enforcement) proceeded to seal the premises. 7. The Court is at this sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant for the present case, read as under :- "5. Section 60 of the Act sets out the jurisdictional requirement for invocation of the power under Section 60(2)(f). It mandates that the Commissioner must have reasonable grounds to believe that "any person or dealer is attempting to avoid or evade tax or is concealing his tax liability in any manner". This satisfaction of the Commissioner has t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pportunity was not afforded to the Petitioner to explain why, if at all, it was unable to produce the documents and information sought by the Department. Also, there could not be an automatic presumption that since the Petitioner failed to produce the documents at once it was attempting to avoid or evade tax or was concealing its tax liability." 9. The present circumstances appear to be no differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Petitioner is prepared to produce the records and accounts before the concerned VATO on any date as may be directed. 12. The AR of the Petitioner will appear before Mr. Debasis Biswal, VATO, Ward 16 on 1st February 2016 at 11 am and produce the accounts and books required to be maintained by it and provide whatever information sought by the VATO. 13. The petition and the application ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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