9911796707
TMI Blog2016 (5) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of the petitioners is tax of ₹ 2,59,920/- and penalty of ₹ 5,07,61,026/- under the provisional attachment order dated 22.2.2016 and tax of ₹ 12,73,586/- and penalty of ₹ 5,22,82,724/- under the provisional attachment order dated 19.4.2016. While a larger figure of ₹ 398.88 crores is also stated, such liability is stated to be the joint and several liability of all concerned in the alleged scam. No basis is stated for arriving at such figure in the said orders. Investigation and inquiry is still underway, and at this stage there is no assessed liability. Therefore, by considering the total estimated liability qua the petitioners upon preliminary investigation in their case, attachment of the movable and imm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners and Ms. Maithili Mehta, learned Assistant Government Pleader, for the respondents. 4. From the orders made under section 45 of the Act which are subject matter of the present petition, it appears that the approximate tax liability of the petitioners as estimated by the respondents is tax of ₹ 2,59,920/- and penalty of ₹ 5,07,61,026/- under provisional attachment order dated 22.2.2016 and tax of ₹ 12,73,586/- and penalty of ₹ 5,22,82,724/- under the provisional attachment order dated 19.4.2016. While it is also stated in the order of provisional attachment that the petitioners along with others would be jointly and severally liable for an amount of ₹ 398.88 crore, insofar as the liability computed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioners has come to a standstill. It was, accordingly, urged that at least copies of the relevant material be furnished to the petitioners so that they can carry out their day-to-day business activities. 6. Ms. Maithili Mehta, learned Assistant Government Pleader, vehemently opposed the request for grant of any interim relief to the petitioners. Pointing out the nature of the alleged illegalities committed by various parties, including the petitioners, whereby huge refunds of input tax credit are alleged to have been availed by connected parties in connivance with the petitioners No.2 and 3, it was submitted that the petitioners are involved in a huge scam where at present the joint and several liability of all concerned has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... several liability of all concerned in the alleged scam. No basis is stated for arriving at such figure in the said orders. Investigation and inquiry is still underway, and at this stage there is no assessed liability. The court is, therefore, of the view that considering the total estimated liability qua the petitioners upon preliminary investigation in their case, attachment of the movable and immovable properties of the petitioners is sufficient to secure such amount. Therefore, at this stage, the court is inclined to grant ad-interim relief to the petitioners to the following extent: The respondents are hereby directed to lift the provisional attachment made on the bank accounts of the petitioners as well as to delete the condition f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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