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TMI Blog2014 (7) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... ping and wide in nature. Above provision obliges the third party (here Bank) to pay not only when it becomes due and payable to the debtor, even also the same is being held by the third party, however with precondition that the money must be legally due and actually held. In this case when respondent Bank has not come forward to object to the action of Revenue, we do not see any reason fundamentally to stall the operation of the notice. However, as the Revenue has agreed to hear the petitioner as to quantum of the legitimate amount of tax, we permit the petitioner to make a representation to the Revenue Officer who has issued the notice, within fortnight from the date of receipt of the copy of this order, failing which the notice in que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys further that his client is not disputing the liability to pay legitimate service tax. However, his client wants to know what is the legitimate quantum. 4. Learned counsel for the Revenue, while countering the submissions of the learned counsel for the petitioner, says that by virtue of power under Section 87 of the Finance Act, 1994, the notice has been issued and such action is perfectly just and correct. However, he says that hearing can be given to the writ petitioner for quantification of exact amount since the figure mentioned in the impugned notice is disputed. 5. We have taken note of the submissions and counter submissions. First issue, which falls for decision of this Court is whether Section 87 of the Finance Act, 1994 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit, receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in a case where the person to whom a notice under this section is sent, fails to make the payment in pursuance thereof to the Central Government, he shall be deemed to be an assessee in default in respect of the amount specified in the notice and all the consequences of this Chapter shall follow; (c) the Central Excise Officer may, on an authorization by the Commissioner of Central Excise, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk has not come forward to object to the action of Revenue, we do not see any reason fundamentally to stall the operation of the notice. However, as the Revenue has agreed to hear the petitioner as to quantum of the legitimate amount of tax, we permit the petitioner to make a representation to the Revenue Officer who has issued the notice, within fortnight from the date of receipt of the copy of this order, failing which the notice in question shall be operative. If such representation is made it shall be disposed of with a speaking order, within three weeks from the date of making representation. Till such decision is taken, operation of notice shall remain stayed, however the writ petitioner, and/or his representatives/agents/assigns are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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