TMI Blog2016 (10) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... f course, authorizes the competent authority to exercise the power of provisional attachment pending the proceedings for assessment or reassessment of turnover escaping assessment to protect the interest of Revenue. Such power obviously cannot be imported for the purpose of the Entry Tax Act. The petitioner has already deposited a sum of ₹ 11 lakhs towards the initial estimated tax penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise of powers under section 45(1) of the Gujarat Value Added Tax Act, 2005 (the VAT Act for short). The order would show that such power was exercised in view of the possible tax, interest and penalty demand of ₹ 20 lakhs concerning the petitioner. 2. Case of the petitioner is that much of the petitioner's possible tax liability would be relatable to entry tax. Gujarat Tax on Entry o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isallowance of input tax credit since, as an importer of the goods from outside India, there is no element of input tax in relation to such purchases. 4. Learned AGP Shri Vora on the other hand, opposed the petition contending that the petitioner has no permanent establishment within the State. If the registration were to be canceled with retrospective effect, the tax interest and penalty liabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presents in substantial measure, entry tax, is not in dispute. The Entry Tax Act does not contain any provision for provisional attachment. Section 45(1) of the VAT Act, of course, authorizes the competent authority to exercise the power of provisional attachment pending the proceedings for assessment or reassessment of turnover escaping assessment to protect the interest of Revenue. Such power ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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