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2016 (7) TMI 482 - GUJARAT HIGH COURT

2016 (7) TMI 482 - GUJARAT HIGH COURT - TMI - Attachment of immovable property and stock of the petitioner and other family members. - Denial of input tax credit - dealers had not shown such sales in favour of the petitioner nor paid tax to the Government on such transactions. - Held that:- At the stage where the petitioner's assessment is yet to be completed, we would not permit the department to recover any further possible tax or penalty. However, the order of attachment which has been passed .....

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ly 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 2015 - Dated:- 7-7-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE PETITIONER : MR MK VAKHARIA .....

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d made purchases from various dealers and claimed input tax credit of ₹ 1.17 crores (rounded off) whereas the dealers had not shown such sales in favour of the petitioner nor paid tax to the Government on such transactions. The petitioner pointed out that under coercion, the petitioner was made to give 07 post dated cheques for a total sum of ₹ 1.14 crores (rounded off), which were later on returned upon the petitioner and the petitioner was made to deposit ₹ 17 lacs with the d .....

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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 dea .....

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t is yet to be completed, we would not permit the department to recover any further possible tax or penalty. However, the order of attachment which has been passed to protect the interest of Revenue with minor modification, needs to be preserved. It is not in dispute that the department under Section 45(1) of 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 i .....

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