9911796707
TMI Blog2018 (10) TMI 1454X X X X Extracts X X X X X X X X Extracts X X X X ..... IS V ISANI (3858) For The Respondent : MR PRANAV TRIVEDI, AGP ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These petitions are filed for challenging provisional orders of attachment passed by the respondent authorities attaching the petitioner's factory premises, stock and bank accounts. The facts behind such action of the respondents are that the petitioner-a Private Limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the past, no such allegation had been made. Statements of the director of the petitioner and other persons were recorded under duress. The petitioner has not indulged any bogus billing activity. The department has attached the petitioner's bank accounts, premises and stock thereby making it impossible for the petitioner to operate its business. The goods attached are perishable in nature. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bank accounts and attaching the properties, the petitioner is temporarily rendered penalized. The petitioner cannot operate the business, cannot move the stock and cannot make payments. On reasonable terms, we propose to suspend the attachments. 5. In the process, we have taken note of the following facts: (i) As per the department, the petitioner's possible tax and penalty liabilities are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x collection. 6. Under the circumstances, we would permit the petitioner to carry on the legitimate business by suspending provisional attachments subject to fulfillment of following conditions: (i) The petitioner creates an undertaking to maintain a stock of the goods of a minimum of Rs. 5 crores. Such undertaking shall be filed before the department as well as before this Court by 15.11.2018; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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