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SAMAY ENTERPRISE AND 2 Versus STATE OF GUJARAT AND 1

Seeking release from attachment of properties, movable and immovable, impounded items, stock of goods and bank accounts - Attached by virtue of provisional assessment orders made under Section 45 of the GVAT Act, 2003 - Petitioner submitted that the seized stock consists of goods which are perishable in nature and that part of the goods have already perished. The perishable stock, therefore, directed to be released and the attachment made on the bank account of the petitioners may also be lifted .....

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y is stated to be the joint and several liability of all concerned in the alleged scam. No basis is stated for arriving at such figure in the said orders. Investigation and inquiry is still underway, and at this stage there is no assessed liability. Therefore, by considering the total estimated liability qua the petitioners upon preliminary investigation in their case, attachment of the movable and immovable properties of the petitioners is sufficient to secure such amount. Therefore, the court .....

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permitted. - Interim relief granted - SPECIAL CIVIL APPLICATION NO. 7750 of 2016 - Dated:- 6-5-2016 - MS. HARSHA DEVANI AND MR. G.R.UDHWANI, JJ. FOR THE PETITONER : MR ABHISHEK M MEHTA, ADVOCATE FOR THE RESPONDENT : MS. MAITHILI MEHTA, ASSISTANT GOVERNMENT PLEADER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1 Leave to amend the prayer clause. 2. By this petition, the petitioner seeks release from attachment of the properties, movable and immovable, as provided in Annexure-X to the petition and a .....

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er section 45 of the Act which are subject matter of the present petition, it appears that the approximate tax liability of the petitioners as estimated by the respondents is tax of ₹ 2,59,920/- and penalty of ₹ 5,07,61,026/- under provisional attachment order dated 22.2.2016 and tax of ₹ 12,73,586/- and penalty of ₹ 5,22,82,724/- under the provisional attachment order dated 19.4.2016. While it is also stated in the order of provisional attachment that the petitioners alo .....

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and called upon the petitioners to maintain a stock worth ₹ 2,05,88,492/- as well as the stock worth ₹ 35,43,668/- by separate orders dated 19.4.2016 made under section 45 of the GVAT Act. 5. Mr. Abhishek Mehta, learned advocate for the petitioners submitted that the seized stock consists of goods which are perishable in nature and that part of the goods have already perished. It was submitted that considering the nature of the proceedings against the petitioner, there is hardly any .....

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by the respondents, it is not possible for the petitioners to carry out the day-to-day business activities and the business of the petitioners has come to a standstill. It was, accordingly, urged that at least copies of the relevant material be furnished to the petitioners so that they can carry out their day-to-day business activities. 6. Ms. Maithili Mehta, learned Assistant Government Pleader, vehemently opposed the request for grant of any interim relief to the petitioners. Pointing out the .....

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is stage investigation is being carried out by the respondents under the provisions of the GVAT Act and the police authorities in the criminal proceedings instituted in connection with the scam, under the circumstances, with a view to secure the interests of the revenue, the orders of provisional attachment have been passed. It was urged that having regard to the amplitude of the scam, the petitioners are not entitled to the grant of any interim relief. 7. Insofar as the impounded hard-disk and .....

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