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Shreem Realty Private Limited Versus State of Gujarat

2016 (9) TMI 268 - GUJARAT HIGH COURT

Attachment of bank account - section 45(1) of the VAT Act – purchases made from dealers whose registrations were cancelled – genuinity of transactions of petitioner with such dealers - assessment proceedings in progress – Held that: - the entire asse .....

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under the said interim order dated 28.04.2016 would require no further upward adjustment – petitioner to continue to maintain minimum balance till the completion of assessment – petition disposed off – decided in favor of petitioner. - Special .....

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tioner has challenged an order dated 21.04.2016, under which, the petitioner's bank account of bank of Baroda, Thaltej branch, came to be attached in exercise of powers under section 45(1) of the VAT Act by the Commercial Tax Officer, Ahmedabad. .....

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nd that therefore the petitioner had evaded tax. On such basis, in order to protect the interest of the Revenue, the said order of attachment came to be passed. 2. Case of the petitioner is that none of the purchases were bogus. The registrations wer .....

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to in proper assessment proceedings. Before even initiating such assessments, the authority cannot prejudge the petitioner's tax liability and pass an order which would virtually bring the petitioner's business to a standstill. 3. On 28.04.20 .....

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respondents. 2. The learned Assistant Government Pleader prays for time to file affidavitinreply. At her request, the matter is adjourned to 3.5.2016. In the meanwhile, the respondents shall lift the attachment made on the petitioners bank account N .....

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cs in the said account, the order of attachment was lifted. The petitioner has been operating such bank account since then. 5. In the further affidavit, the respondents have provided broad figures of the petitioner's possible liability if their s .....

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