GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (7) TMI 282 - KARNATAKA HIGH COURT

2016 (7) TMI 282 - KARNATAKA HIGH COURT - TMI - 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tions - Decided partly in favor of petitioner. - 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 di .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d Counsel appearing for respondent Nos.3 to 5. Respondent 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 t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ited 30% of the amount and when the application 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 7 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ely freezed the bank account apart from the transfer 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Tribunal and the appellant has deposited 30% of 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 passe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s and circumstances, we find that the following direction shall meet the ends of justice: 1. The amount already transferred to the first respondent by the respective banker in view of the order passed under Section 45 of the KVAT Act, shall remain with the first respondent. It would be open to the first respondent to insist upon compliance of the order from the respective banker for transfer of the amount as on the date when the order i.e., 06.05.2016 under Section 45 of the KVAT Act was passed. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version