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2019 (10) TMI 406

..... g the Joint Commissioner of Commercial Tax (Appeals), Ahmedabad. During the pendency of such appeal, the respondent No.2 has, on 16.5.2019, resorted to powers under section 44 of the GVAT Act and attached the bank account of the petitioner. Thereafter, the stay application of the petitioner has been rejected as the petitioner had not shown willingness to pre-deposit 20% of the demand, against whic .....

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..... HEN VIJAY H PATEL (7361) FOR THE PETITIONER(S) NO. 1 NOTICE SERVED BY DS (5) FOR THE RESPONDENT(S) NO. 1,2 ORAL ORDER PER : HONOURABLE MS.JUSTICE HARSHA DEVANI 1. Rule. Ms. Maithili Mehta, learned Assistant Government Pleader waives service of notice of rule for respondents. 2. This petition under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 16.8.2019 is .....

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..... ct, the above-referred bank account of the petitioner came to be attached. 5. It appears that subsequently on 20.8.2019, the first appeal came to be dismissed as the petitioner was not willing to pre-deposit an amount of ₹ 8,52,841/-. Against the said order, the petitioner went in second appeal before the Gujarat Value Added Tax Tribunal. 6. Being aggrieved by the action of the second respon .....

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..... been rejected as the petitioner had not shown willingness to pre-deposit 20% of the demand, against which the petitioner has preferred an appeal before the Tribunal, which is pending. 9. Thus, despite the fact that the stay application of the petitioner was pending hearing before the first appellate authority, the second respondent authority has resorted to the drastic action of attaching the abo .....

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