2016 (12) TMI 1362 - HC - VAT and Sales Tax

Released of attached property - release of seized books - Sections 45 & 67 4 of the Act - principles of natural justice - Held that - the impugned orders passed under Section 45 and 67 4 of the Act stand withdrawn on the statement made by the learned AGP. The relevant materials/documents/books of account seized in purported exercise of power under Section 67 4 of the Act be returned to the petitioners within seven days from today after copying the same and/or retaining copy of the same. In view of the above no further order is required to be passed in terms of prayers made in para 8 B of the petition. Maintainability of petition at the SCN stage - Held that - the present petition is preferred at the stage of show cause notice and ample opportunity shall be available to the petitioners to make submissions before appropriate authority and the appropriate authority is bound to consider the same in accordance with law and on merits - The petitioners are relegated to make appropriate submissions before the appropriate authority who had issued the show cause notice which shall be considered by the concerned authority in accordance with law and on merits. Petition disposed off - decided partly in favor of petitioner.

Issues:
1. Challenge to impugned Show Cause Notice dated 1st September 2016
2. Challenge to impugned Orders dated 22nd September 2016 provisionally attaching property
3. Relief sought for release of attachment of Bank Accounts, Stock, and Plant & Machinery
4. Ex parte ad interim relief requested

Analysis:

1. Challenge to Show Cause Notice:
The petitioners sought relief against the impugned Show Cause Notice dated 1st September 2016, alleging it to be unlawful and in violation of natural justice principles. However, the court did not entertain the petition at this stage, emphasizing that the petitioners would have ample opportunity to present their case before the appropriate authority. Citing legal precedents, the court held that the petition was premature as the petitioners had not yet made elaborate submissions before the authority issuing the notice. The court dismissed the petition concerning this issue, allowing the petitioners to make their case before the authority, which would consider their submissions on merits and in accordance with the law.

2. Challenge to Orders Attaching Property:
The petitioners also challenged the impugned Orders dated 22nd September 2016, which provisionally attached the property of petitioner no. 1. During the hearing, the learned AGP representing the respondent informed the court that the appropriate authority was withdrawing the orders of attachment and seizure of bank accounts and books of accounts under specific sections of the Gujarat Value Added Tax Act, 2003. The court noted the withdrawal of these orders with liberty given to the authority to pass appropriate orders under the relevant sections of the Act. Consequently, the impugned orders under Section 45 and 67 [4] of the Act were withdrawn, and the seized materials were to be returned to the petitioners within a week.

3. Relief for Release of Attachment:
The petitioners had requested the release of attachment of Bank Accounts, Stock, and Plant & Machinery imposed through Annexure "G." The court's decision to allow the withdrawal of the impugned orders effectively granted this relief, with the seized materials to be returned to the petitioners within a specified timeframe. The court directed the appropriate authority to consider passing orders under the Act in accordance with the law, ensuring compliance with the relevant provisions.

4. Ex Parte Ad Interim Relief:
The petitioners had also sought ex parte ad interim relief, which the court did not specifically address in its judgment. However, the withdrawal of the impugned orders and the directions given to the appropriate authority encompassed the relief sought, indicating a comprehensive resolution of the issues raised in the petition.

In conclusion, the High Court of Gujarat disposed of the Special Civil Application concerning the issues raised in the petition, with specific directions regarding the withdrawal of impugned orders, the return of seized materials, and the petitioners' opportunity to present their case before the appropriate authority in accordance with the law and established legal principles.

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