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2018 (12) TMI 1578

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..... titioner must clear the dues as soon as possible. The petitioner, having collected such taxes, would not get any sympathy from us, if the unpaid taxes are not deposited in the Government revenue - The petitioner shall place before the respondent authorities material regarding its purchases and clearances in order to enable the authority to form the best judgment assessment, if so found necessary. All these procedures can continue. Attachment to bank accounts suspended with conditions. While maintaining the attachment on the plant and machinery, we permit the petitioner to carry out its manufacturing activities and clear the manufactured goods. Upon breach of any of the above condition nos.(I), (II) or (III), including failure to depos .....

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..... r the petitioner submitted that it was on account of acute financial crisis resulting out of the meltdown conditions in the market that the petitioner could not deposit the tax. The order passed by the authority would ensure that the petitioner would not be able to operate the factory thereby, bringing the petitioner s manufacturing activities to a grinding halt. The petitioner has not been able to operate its factory since the date of passing of the order. The petitioner would not be able to pay its creditors and the workers their dues. The petitioner offered to clear all the taxes in installments. 6. Learned AGP Shri Trivedi opposed the petition contending that the petitioner has not paid the selfassessed tax. Such tax has been collect .....

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..... r the goods manufactured. These conditions are as follows; (I) The petitioner shall deposit with the respondents a sum of ₹ 5.00 Lacs latest by 02.11.2018 and a further sum of ₹ 5.00 Lacs latest by 12.11.2018 . (II) The remaining amount, as per the petitioner s declaration, would be cleared in Three Equal Monthly installments. The first one of them starting from the month of December 2018. Each installment shall have to be deposited by the Fifth of the month. (III) The Director of the petitioner Company would file an Undertaking before this Court latest by 02.11.2018 that all these conditions would be fulfilled. 9. The attachment on the petitioner s stock, under the impugned order dated 09.10.2018, shall stan .....

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