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TMI Blog2016 (2) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... CATE FOR THE RESPONDENT : MS VACHA DESAI, AGP ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner has challenged a notice dated 07.11.2015 as at Annexure A to the petition under Section 34(8A) of the Gujarat Value Added Tax Act,2003 ['VAT Act' for short]. The petitioner has also prayed for declaration that all consequential steps pursuant to such notice are illegal. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were not purchased under bills. The departmental authority assessed the principal tax of Rs. 26,66,318/- and, by adding 150% penalty, calculated the unpaid duty and penalty on such goods at Rs. 66,65,795/-. The partners were also confronted with the materials at the command of the department according to which, the firm had also received further 1625 LED TVs which were not accounted for. The partn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that particularly when the petitioner has already issued cheques worth Rs. 26,66,318/-, half of which are already encashed and the remaining when presented would be encashed, the seals on the godowns should be removed to enable the petitioner to carry on the business. Electronic goods would otherwise deteriorate resulting in huge financial loss to the firm. He offered that, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make any conclusive observations with respect to the rival contentions. In view of the prima facie materials at the command of the department, it is not possible to direct lifting of the seals on the godown without further conditions. At the same time, the estimate of the department on possible duty and penalty liability is also based on 150% penalty which is maximum imposable under the statute a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the petitioner shall maintain a minimum stock of Rs. 75 lacs in the godowns. (IV) The petitioner shall file a further undertaking to abide by these conditions. 7. Upon the two undertakings being filed, as above, and postdated further cheques being issued by the petitioner, seizure of the stock would be lifted. The department shall remove the seals on the godowns. 8. With these directions, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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