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ABC COTSPIN PRIVATE LIMITED Versus STATE OF GUJARAT AND 1

2016 (9) TMI 613 - GUJARAT HIGH COURT

Attachment of 14 bank accounts - whether the attachment of bank account would not amount to harsh action against petitioner when the immovable properties are already attached and tax yet to be determined? - non-disclosure of certain facts - Held that: - apart from conscious and blatant non-disclosure of most material facts by the petitioner which led the Court into passing of interim order, which but for such suppression the Court would not have passed, even otherwise in facts of the case the pe .....

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CATION NO. 7350 of 2016 - Dated:- 7-9-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE PETITIONER : MR Y G THAKORE, ADVOCATE FOR THE RESPONDENT : MR HARDIK VORA, AGP ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. The petitioner has challenged communications dated 3.11.2015 produced at Annexure-A collectively to the petition by which the respondent no.2 Assistant Commissioner of Commercial Tax was pleased to attach different bank accounts of the petitioner in exercise of powers .....

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uring such search, the authorities seized large number of documents, laptops and hard-discs from the petitioner's computers. Statement of the Director of the petitioner company was also recorded. The petitioner was thereafter served with notices for production of further materials and documents. 4. As a culmination of such exercise the authorities issued the impugned orders/communications to all the bankers of the petitioner attaching as many as 14 different bank accounts. These orders the p .....

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r for the past years to the tune of ₹ 1.78 Crores (rounded off) is withheld by the department. Thus further securing the possible dues which may be assessed upon completion of the assessments. 5. The respondents have appeared and opposed the petition by filing a reply dated 23.6.2016 in which it is stated that the petitioner was served with a notice for audit assessments for the year 2013-14 and 2014-15 and for provisional assessment for the year 2015-16. Notices for re-assessment have als .....

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oda and the petitioner had availed credit facility to the tune of ₹ 487 Crores. The petitioners other property at Gota, Flat No.C/404, Prarthana Residency is also mortgaged with the same bank. In addition of mortgaging said properties in favour of Bank of Baroda, according to the deponent, the petitioner had also suppressed the fact that the petitioner had obtained a credit facility from the State Bank of India to the tune of ₹ 403 Crores. It was therefore necessary for the revenue a .....

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n of the Commissioner to exercise such powers. The petitioner has not questioned the source of power or even seriously the justification for exercise of powers except for suggesting that when immovable properties of sizable value are also put under attachment there would thereafter be no further need to attach the bank accounts also. It was in the background of such assertions of the petitioner that the Division Bench by an order dated 6.5.2015 by way of an adinterim relief directed lifting the .....

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,55,498/- computed by the respondents comes to ₹ 13,44,38,704/-. As against that, the respondents have not only attached the property worth ₹ 13,95,72,000/- but have also attached all the bank accounts of the petitioner thereby paralysing its commercial transactions. 5. Under the circumstances, having regard to the submissions advanced by the learned advocates for the respective parties, issue notice returnable on 16th June, 2016. Since the interest of the revenue qua the tax and int .....

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