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2016 (8) TMI 921

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..... f the same family, were found to be in possession of unaccounted stock of goods in their undeclared godowns. On the basis of preliminary investigation, the department estimates the tax liability of Rs. 2,59,000/- and possible penalty liability of Rs. 5.07 crorers (rounded off). It is further the case of the department that the investigation in case of M/s.Dharampal Satyapal Ltd. is going on. Preliminary investigation suggests that through 12 fictitious firms, goods worth Rs. 961 crores have been traded showing them as interstate sale, whereas the goods were sold within the State and thereby tax with interest and penalty worth more than Rs. 400 crores is the estimated liability that may arise in the said scam. The department seeks to attach .....

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..... iability 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 for maintaining stock to the extent referred to in the orders dated 19.04.2016 and to permit the petitioners to dispose of the perishable goods. The respondents shall also provide the copies of the impounded items which are mentioned in Annexure-X to the petition as expeditiously as possible. Di .....

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..... We have noticed that by an interim order, the Court had already granted substantial relief to the petitioners. Under such order, the attachment of the bank accounts of the petitioners were lifted. Simultaneously, the condition for maintaining the minimum stock as mentioned in the attachment order was also suspended. 9. We are informed that out of the following immovable properties of the petitioners, except one at Serial No.1 below, are all free from encumbrances and have clear marketable titles. These properties are; "1. Property- The Govt. Servant CHSL-T.P Scheme-3, F.P.-345 and 321 Plot/Bungla No.25/A, Navrangpura, Ahmedabad. 2. Property- City Survey No.2663 and 2781 paikee seller and Ground Floor, Dariyapur Ta-City, Dist.- Ahmedaba .....

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