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2022 (9) TMI 208

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..... e property, and the Department will be left with no source for recovery, hence they have taken precautionary measure on sending the objections, for creating any charge, lien or alienation to the property and send representation dated 22.08.2022 to the Sub Registrar Office, Eranial, which is recorded and the same is also reflected in the Encumbrance Certificate. Hence in the interest of revenue, such restriction has been imposed. The Document No.455/2001 was found without any Encumbrance. Hence processed the loan application, at that time, a communication received from the second respondent on 03.06.2022 informing about the lien and restriction created on the property based on which the loan put on hold. Since the disbursement of loan was .....

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..... e name of NCN Gold along with the petitioner. Thereafter, on 03.10.2017, the partnership carried in the name of N.C.N Gold was changed to N.C.N Traders for further expansion of their business in other fields. On 04.03.2021, a supplemental deed of partnership was executed in which the petitioner's mother C.Vimala was included as a partner. Further on 06.03.2021, the petitioner's father Thiagarajan retired from the partnership firm and thereafter his mother Vimala taken over as working partner. This being so, on 05.04.2021, a show cause notice was served in the name of Thiagarajan and on his inward supplier Regin Agency by the second respondent in his proceedings Reference No.TVL.045/20210111 under Section 73(5)/Section 74(5) of Centr .....

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..... e of being disbursed, by the impugned letter it is kept on hold. When the petitioner applied for encumbrance certificate with respect to the property, it was found that no such charge has created, made as reflected in the encumbrance certificate. Since the third respondent refers to the first and second respondents, are the reason for non disbursement of the loan, the present Writ Petition has been filed. 3. The learned Special Government Pleader appearing for the first and second respondents submitted that there was a dispute with regard to input tax credit and the petitioner's father was involved in the non payment of tax for which proceedings initiated. After adjudication the second respondent confirmed the tax liability and issue .....

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