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Mosaic India Pvt. Ltd. Versus State of Gujarat

2016 (10) TMI 603 - GUJARAT HIGH COURT

Provisional attachment of bank account - section 45(1) of the GVAT Act, 2005 - entry tax - whether the Entry Tax Act, 2004 vest power of provisional attachment on the respondents? - Held that: - The Entry Tax Act does not contain any provision for pr .....

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terest 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 penalty and interest liability of ₹ 20 lakhs .....

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f 2016 - Dated:- 10-10-2016 - Akil Kureshi And A. J. Shastri, JJ. Uchit N Sheth, Advocate for the Petitioner Advance Copy Served To GP/PP for the Respondent ORDER ( Per : Honourable Mr. Justice Akil Kureshi ) 1. The petitioner has challenged an order .....

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tion 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 pet .....

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ent on the respondents. The petitioner has already deposited a sum of ₹ 11 lakhs (rounded off) with the authorities under protest towards the possible basic duty liability. 3. In background of such facts, counsel for the petitioner submitted th .....

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, the registration of the petitioner as a dealer were to be canceled with retrospective effect, the same can have little effect on the petitioner's tax liability by disallowance of input tax credit since, as an importer of the goods from outside .....

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celed with retrospective effect, the tax interest and penalty liability may touch ₹ 40 lakhs. The competent authority has therefore, to protect the interest of the Revenue, put the petitioner's bank account under attachment. Learned AGP was .....

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assessment concerning the disputed tax liability of the petitioner is not yet completed. What appears substantially undisputable is that the amount of ₹ 20 lakhs quoted in the impugned order by way of petitioner's possible tax, interest an .....

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