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TMI Blog2017 (10) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... achment 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 Therefore, unless the order of provisional attachment is withdrawn, recalled, set aside or merges into some final order earlier, the same would cease to have effect at the end of a period of one year - This would ensure that the authority would examine the current position and would take a fresh decision that to protect the interest of Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's stock of timber, the petitioner's bank accounts and the fixed assets in exercise of powers under section 45 of the VAT Act. These attachment orders would indicate that the petitioner is engaged in the bogus billing activities and had been dealing with purchasers whose registration have been cancelled. According to the authorities, the possible tax, interest and penalty liabil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing pendency of any proceedings for assessment or reassessment of turnover escaping assessment to provisionally attach any property belonging to the dealer if he is of the opinion that for the purpose of protecting the interest of Government revenue, it is necessary to do so. Sub-section (2) of section 45 of the Act however, provides that every such provisional attachment shall cease to have effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld, in any case, ensure that even if the Commissioner or the authority in whom the power of the Commissioner under subsection (1) of section 45 have been delegated is of the opinion that the attachment should continue, it would be necessary that a fresh order be passed. This would ensure that the authority would examine the current position and would take a fresh decision that to protect the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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