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2017 (2) TMI 604 - GUJARAT HIGH COURT

2017 (2) TMI 604 - GUJARAT HIGH COURT - TMI - Stay on recovery proceedings - Held that: - t is fairly conceded that as on today, neither any provisional assessment order is passed nor any final assessment order is made, hence, the proceedings are at the notice stage. Thus, the tax liability has not been crystallized till the date. Under the circumstances, the respondent no. 2 cannot deposit the cheques which are recovered from the petitioner - while continuing the attachment of the residential p .....

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ice M. R. Shah ) By way of this petition under Article 226 of the Constitution of India, the petitioners/dealers have prayed for the following reliefs : [A] This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the recovery proceedings without due process of law, as being arbitrary and ultra vires to the provisions of the VAT Act and Article 14 of the Constitution of India .....

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ndents and/or their officers, agents, servants; [D] Ex parte ad interim relief in terms of prayer C may kindly be granted; [E] Such further relief(s) as deemed fit in the facts and circumstances of the case may kindly be granted in the interest of justice.. 2. It is the case on behalf of the petitioners that without there being any finalized/crystallized liability to pay tax on the basis of any provisional assessment or final assessment, the respondent no. 2 has recovered the cheques, which is c .....

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