TMI Blog2016 (7) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Gujarat Value Added Tax Act, 2003 has sufficiently wide powers to order attachment of dealer's properties in order to safeguard the interest of Revenue. When it is pointed out, as is done in the affidavit in reply dated 07.10.2015, that the purchases made by the petitioner from various dealers were never shown by them in their returns nor obviously tax on such transactions paid, immediately question would arise whether the petitioner itself was also involved in bogus billing activities? Under the circumstances the request of the petitioner for unconditional lifting of the order of attachment cannot be granted. - Further recovery proceedings stayed - Decided partly in favor of petitioner. - SPECIAL CIVIL APPLICATION NO. 15399 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax thereon, the petitioner cannot be held liable for the same. In any case, the authorities cannot recover the entire amount of possible tax with penalty even before the assessment is completed. The second grievance of the petitioner is that, the sum of ₹ 17 lacs which had already been recovered, could, in no circumstances, have been credited to the account of the defaulting dealers. Such amount should remain as a deposit with the Government in the account of the petitioner to be adjusted towards the petitioner's ultimate tax, interest and penalty liabilities. 3. Case of the department is that the purchases from the dealers whom the petitioner claims to have made, had not shown any sales in favour of the petitioner nor paid VAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minimum stock of ₹ 1.15 crores. 6. Under the circumstances the request of the petitioner for unconditional lifting of the order of attachment cannot be granted. However, with respect to the petitioner's second grievance, we find considerable force. In addition to not allowing the department to recover any further sum till the assessment is completed, a sum of ₹ 17 lacs recovered from the petitioner so far, must remain as deposit with the department in the account of the petitioner to be adjusted upon final assessment of the petitioner's outstanding tax interest or penalty liabilities. Under no circumstances the defaulting dealers can claim credit of this sum admittedly deposited by the petitioner. 7. The petition i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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