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2019 (8) TMI 668

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..... 8377; 1,51,038/- has already been debited from the bank account of the writ petitioner Company and the same has been paid out to the Department. In addition to this, the writ petitioner Company will now pay 25% of the penalty amount of ₹ 11,05,037/- to the first respondent - For the balance after giving credit to the aforesaid ₹ 1,51,038/- and 25%, a personal bond shall be provided by the deponent of the aforesaid affidavit filed in support of the instant writ petition. On the aforesaid payment being made and a bond being furnished in appropriate format as required by the Department, the impugned attachment order will stand raised. - petition disposed off. - W.P.No.23293 of 2019 And W.M.P.Nos.23023 and 23025 of 2019 - - - D .....

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..... a dealer within the meaning of TNVAT Act, that there were proceedings qua G.Jayabal under TNVAT Act and that the same culminated in an order bearing Ref. No.TIN:33784384596/14-15 signed on 15.2.2017 (hereinafter 'said proceedings' for brevity). Said proceedings are revised assessment proceedings under Section 27(1) of TNVAT Act. The tax liability under said proceedings has been paid and there is no dispute about this. Penalty of ₹ 11,05,037/- (Rupees Eleven Lakhs Five Thousand and Thirtyseven only) was also imposed under Section 27(4) of TNVAT Act vide said proceedings and the same remains unpaid. 7. Under such circumstances, the first respondent has issued a 'communication dated 22.7.2019 bearing Ref.No.R .....

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..... 11. In the light of one submission made by the learned counsel for writ petitioner, the entire matter now turns on an extremely narrow compass. It was submitted by the learned counsel that the aforesaid order dated 15.2.2017 i.e., revised assessment order made by the first respondent under which the aforesaid G.Jayabal is liable to pay little over ₹ 11.05 lakhs penalty is being assailed in a manner known to law and that the same will be done within eight weeks from today. 12. It was also submitted by the learned counsel for writ petitioner that the entire business/trading activities of the writ petitioner has been paralysed owing to the impugned attachment order. 13. This Court is of the considered vi .....

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