TMI Blog2017 (10) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is, therefore, declared that the order dated 13.07.2016 is no longer effective. Refund of amount recovered by the respondents from the petitioner's bank account - Held that: - admittedly, no assessment was framed before affecting such recovery. The recovery is also affected without the petitioner's consent and directly from the bank. The respondents shall refund the said sum of ₹ 1,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Officer, Surendranagar. The second is for refund of a sum of ₹ 1,63,000/- recovered by the respondents from the petitioner's bank account. 2. The petitioner is a company under the Companies Act and is engaged in the business of trading in cotton bales. The petitioner is duly registered under the Gujarat Value Added Tax Act, 2003. The respondent authorities found that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was cancelled would not automatically mean that the petitioner should be disallowed the input tax credit on the purchases made from such dealer. He submitted that the petitioner's tax, interest and penalty liabilities had not yet been crystallized since the Assessing Officer has till date not passed any order of assessment. In any case, in terms of subsection (2) of Section 45 of the VAT Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the dealer when during the pendency of any proceedings of assessment and re-assessment of turnover escaping assessment he was of the opinion that for the purpose of protecting the interest of Government revenue it is necessary to do so. Sub-section (2) of Section 45, however, provides that every such provisional attachment shall cease to have effect after expiry of one year from the date of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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