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TMI Blog2017 (10) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... plain terms, ensures that the life of a provisional attachment order does not extend beyond a period of one year. Therefore, unless the order of provisional attachment is withdrawn, recalled, set aside or merges into some final order earlier, the same would cease to have effect at the end of a period of one year - the impugned orders of attachment were passed on 07.09.2016 and 08.09.2016. In term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with purchasers whose registration have been cancelled. According to the authorities, the possible tax, interest and penalty liabilities of the petitioner would be in the vicinity of ₹ 3.03 crores. 2. Section 45 of the VAT Act reads as under: 45: Provisional Attachment ( 1) Where during the pendency of any proceedings of assessment or reassessment of turnover escaping asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry to do so. Sub-section (2) of section 45 of the Act however, provides that every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order passed under sub-section (1). 4. This provision thus while clothing competent authority with the power of provisional attachment under certain circumstances ensures that such provisional atta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed. This would ensure that the authority would examine the current position and would take a fresh decision that to protect the interest of Government revenue, it is necessary to pass fresh order of provisional attachment and that the earlier order of attachment would not mechanically continue indefinitely. 6. In the present case, the impugned orders of attachment were passed on 07.09.2016 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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