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M/s. K.M.C. Constructions Ltd. Versus Deputy Commissioner of Commercial Taxes (Audit and Recovery) ,

2016 (7) TMI 282 - KARNATAKA HIGH COURT

Recovery of tax - attachment of all bank accounts of the appellant - order u/s 45 of the KVAT Act - appellant submitted that, all bank accounts of the appellant are freezed and resultantly, all activities have come to a grinding halt, and hence, this Court may take up the matter - Held that:- Considering the facts and circumstances, it appears to us that the appeals are at large pending before the Tribunal and the appellant has deposited 30% of the amount and for the remaining 70% though the app .....

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WRIT APPEAL NOS. 1491-1526/2016 (T-RES) - Dated:- 9-6-2016 - MR. JAYANT PATEL AND MR. B.SREENIVASE GOWDA JJ. APPELLANT: BY SMT. VANI H., ADVOCATE) RESPONDENTS: (BY SMT. SHWETHA KRISHNAPPA G.P., ADV. FOR R1 & R2; SRI MADHUKAR DESHPANDE, ADV. FOR R3-R5; R6-SD. THROUGH EMAIL BUT UNREPRESENTED) JUDGMENT JAYANT PATEL J As in all these appeals common questions arise for consideration, they are considered simultaneously. 2. The present appeals are directed against the order passed by the learned S .....

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espondent No.6 though served through E-mail has not appeared. 4. As such, we would have awaited the copy of the order passed by the learned Single Judge. However, the learned Counsel appearing for the appellant insisted that on account of the order passed under Section 45 of the KVAT Act, all bank accounts of the appellant are freezed and resultantly, all activities have come to a grinding halt, and hence, this Court may take up the matter, since the learned Single Judge has not interfered with .....

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for interim stay was made, the Tribunal directed for furnishing of the Bank Guarantee of remaining 70% of the amount. The appellant initially contemplated that they may be in a position to furnish bank guarantee, but subsequently they could not procure the bank guarantee and they decided to challenge the interim order passed by the Tribunal in the present group of appeals. 7. However, as the requisite condition of furnishing of bank guarantee for 70% of the demand of tax with interest etc., was .....

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sfer of the amounts of the balance whatever were lying in the bank accounts of the appellant. 9. Whereas the learned GP appearing for respondent Nos.1 and 2 submitted that all the bankers have not completely obeyed the order inasmuch as some banks are yet to transfer the amount as per the order passed under Section 45 of the KVAT Act. 10. The appellant at that stage approached before the learned Single Judge challenging the interim order passed by the Tribunal putting condition of furnishing of .....

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the amount and for the remaining 70% though the appellant was to furnish bank guarantee as per the interim order passed by the Tribunal and as the bank guarantee was not furnished, the powers were exercised under Section 45 of the KVAT Act. The statement is made at the bar that about ₹ 53,00,000/- (Rupees fifty three lakhs only) is already transferred by the bankers to respondent No.1. Further, as per the bankers on account of the order passed under Section 45 of the KVAT Act, the bank acc .....

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