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TMI Blog2013 (7) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent : Mr Jaimin Gandhi, Asst Govt. Pleader JUDGEMENT:- Per : Akil Kureshi, J : 1. The petitioner has challenged an order dated 06.02.2013 as at Annexure 'A' to the petition passed by the respondent No.2 under Section 45 of the Gujarat Value Added Tax Act, 2006 ('VAT Act' for short). Under such order, the respondent No.2 has provisionally attached the bank account an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent authorities also, the physical stock tallied with the stock register of the petitioner. He, therefore, submitted that the petitioner is not liable to pay any additional tax. Learned counsel for the petitioner further pointed out that the respondents are relying on cancellation of registration of some of the dealers from whom the petitioner has purchased such goods to deny the tax credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 45 of the Act, pending attachment before the judgment is a drastic measure. In our opinion, a workable formula can be provided under which, the petitioner may restart the business subject to further investigation and assessment. 5. Broadly, we have following factors in mind. (1) That as pointed out, the petitioner's bank account has balance of Rs. 3986.48, which is of no gre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt pending assessment. 7. Under the circumstances, the order of attachment is ordered to be lifted on the conditions that the petitioner would maintain minimum stock of the value of Rs. 35 lakhs, till the assessments are competed. An undertaking to this effect shall be filed before the Court latest by 10.05.2013. Only upon filing of such undertaking this order will come into force. 8. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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