9911796707
TMI Blog2018 (1) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of India, the petitioner-Company seeks to challenge the recovery action initiated by respondent No.2, under the powers conferred to him below section 44(1)(B) of the Gujarat Value Added Tax Act, 2003 (hereinafter to be referred to as 'the Act'), vide notice dated 22.11.2017, wherein it has directed the Manager, Indus Ind Bank, Chennai to deposit an amount of Rs. 15,72,74,830/- from A/c. No.200000635226 held by the petitioner-Company in the government treasury within a period of seven days from the receipt of notice/order or to pay the said amount for the specified period by challan within three days. The impugned notice is issued towards the total demand confirmed under assessment orders dated 18.08.2017. 3. The brief facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017, in exercise of powers conferred under section 67(4) of the Act, ordered for seizure of the records maintained by the petitioner by observing that the petitioner during the assessment periods 2015-16, 2016-17 and from 01.04.2017 to 20.06.2017 have wrongly reduced its tax liability by reducing the discount passed to the buyers. 5. Thereafter, the competent authority issued a notice dated 20.06.2017 directing the petitioner to appear on 07.07.2017 along with relevant evidence and books of account in respect of their claim. On the same day i.e. on 20.06.2017 an order was passed by the Assistant Commissioner of Commercial Tax, Unit-100, Jamnagar provisionally attaching the bank account of the petitioner-Company along with attachment of ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner filed first appeal before the Deputy Commissioner of Commercial Tax, Circle 10, Rajkot on 16.11.2017 under section 73 of the Act along with an application praying for admission of the appeal without any payment and grant of stay against the demand raised. The appeal and stay application were filed within the prescribed period of limitation of 60 days from the date of the receipt of the order. During pendency of the appeal and the stay application filed on 16.11.2017, respondent No.2, by the impugned notice dated 22.11.2017 ordered the Manager, Indus Ind Bank, Chennai to deposit an amount of Rs. 15,72,74,830/- from A/c. No.200000635226 held by the petitioner-Company with the treasury within a period of seven days. Aggrieved by the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and set aside. 10. Per contra, learned Assistant Government Pleader Mr.Hardik Vora appearing on behalf of the respondent authorities has submitted that the impugned notice ordering recovery is justified. He has stated that the respondent authority has waited till the last day of the statutory period i.e. 60 days prescribed under the Act for filing an appeal and, therefore, having waited sufficiently, the respondent authority was constrained to issue the impugned notice. Having drawn the attention of this court to section 44 of the Act, he has submitted that the impugned notice is in conformity with the same, and hence, the same does not call for any intervention by this Court. 11. Heard learned counsels appearing on behalf of the respecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued vide order dated 22.09.2017 passed in Special Civil Application No.16061 of 2017 filed by the petitioner by which the attachment of bank accounts of the petitioner was lifted and the petitioner was asked to maintain the minimum stock worth Rs. 1,45,54,575/-. While issuing the said directions, the Division Bench was conscious of the fact that the petitioner-Company was in process of filing an appeal along with the stay application for waiver of pre-deposit and recovery. Having filed the same, the authorities should have deferred the action of recovery from the petitioner. As observed by the Division Bench of this court in the judgement rendered on 17.10.2015 in Special Civil Application No.13641 of 2015 "... ... When drastic powers are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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