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2016 (9) TMI 1026 - BOMBAY HIGH COURT

2016 (9) TMI 1026 - BOMBAY HIGH COURT - 2016 (44) S.T.R. 217 (Bom.) - 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 peculiar facts of continuing with the attachment, though the petitioners have paid substantial sums by a voluntary disclosure of the dues and secondly, under protest. The Judgments of .....

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udication by issuing a show cause notice, giving a party like the petitioners 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 allowed - Writ Petition (L) No. 2139 of 2016 - Dated:- 8-8-2016 - S.C. Dharmadhikari And DR. Shalini Phansalkarjoshi, JJ. Mr. Prakash Shah with Mr. Jas Sanghavi i/by M/s. PDS Legal .....

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d by an Attachment Order bearing No.1/2016 directing attachment of three 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 Section 87 of the Finance Act, 1994. This notice itself mentions that the differential amount of service tax of ₹ 31,25,815/is duly paid. Figures are disclosed and these, accord .....

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