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Cavim Properties Private Limited & Another Versus The Union of India & Others

2016 (9) TMI 1026 - BOMBAY HIGH COURT

Validity of attachment orders - recovery of service tax dues - dispute is whether the petitioners have cleared the entire sum of ₹ 3,41,82,926/or anything is balance. - Held that:- we do not approve of the conduct of the respondents in the pecu .....

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sputed and the claims of the Revenue are not admitted, its remedy lies elsewhere. It cannot by a coercive process or coercive means force the assessees to part with monies which the assessees state are not due and payable. Here the assessees have sta .....

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tioners opportunity to place its version and thereafter pass an order assigning reasons. That order, for its legality and validity, can always be tested by a higher forum. Therefore, the impugned attachment is quashed and set aside. - Writ petition a .....

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the Respondents. ORDER P.C: Heard both sides. 2. In the view that we have taken, we refuse to grant any adjournment to Mr. Bangur, appearing on behalf of the respondents. Mr. Bangur wants an adjournment to check as to whether the statements made pos .....

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ee immoveable properties. The Attachment Order is dated 772016. The petitioners are aggrieved and dissatisfied with the fact that the Attachment Order itself mentions that they were required to pay service tax dues being the Government dues under Sec .....

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a scheme. The dues have been cleared to the extent of ₹ 3,10,57,111/. Now the dispute is whether the petitioners have cleared the entire sum of ₹ 3,41,82,926/or anything is balance. 4. In pursuance of this impugned notice at AnnexureA, p .....

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y letters of the same date, they have informed the Department that they intend to pay the monies under protest. 5. Thereafter, they have confirmed that by two challans that the amounts mentioned in para 2 of this letter have been paid. There is a cal .....

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e Judgments of this Court, time and again, lay down the principle that if dues are disputed and the claims of the Revenue are not admitted, its remedy lies elsewhere. It cannot by a coercive process or coercive means force the assessees to part with .....

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