9911796707
TMI Blog2019 (2) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... as may be prescribed. Thus, the object of the provision is to protect the interest of the Government revenue. In the facts of the present case, attachment of the bank accounts of the petitioner has resulted into various hardships to the petitioner which would adversely affect its business and which may result in loss of revenue to the Government, instead if the petitioner provides for some security towards its outstanding dues, the interest of the petitioner as well as the revenue can be protected. The court is of the view that the interest of justice would be served if the petitioner is permitted to pay the amount of ₹ 55,00,000/- outstanding towards excise dues by way of equal monthly installments within a period of eight mont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Annexure-C to the petition have been attached. 4. Mr. Zubin Bharda, learned advocate for the petitioner has submitted that the proceedings under section 67 of the CGST Act came to be initiated against the petitioner as excise dues of ₹ 1,05,27,185/- had become outstanding whereas the petitioner had continued to deposit the GST as well as CGST dues. It was pointed out that despite the bank accounts of the petitioner having been attached, the petitioner has continued to deposit the GST and CGST dues upto September, 2018, and out of dues of ₹ 90,30,711, the petitioner has deposited ₹ 90,62,495/-. It was further submitted that for the month of October, the petitioner has paid ₹ 18,24,000/- towards GST dues. It was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e permitted to pay the same in installments and in the meanwhile, the attachment of the bank accounts of the petitioner may be released. 5. On the other hand, Mr. Ankit Shah, learned senior standing counsel for the respondents has submitted that the bank accounts of the petitioner have been attached to safeguard the interest of the Government revenue and that the second respondent is duly empowered under section 83 of the CGST Act to pass such order. It was submitted that insofar as granting of installments under Circular No.996/3/2015-CX dated 28.2.2015 is concerned, since the petitioner is a habitual defaulter, it is not entitled to the benefit of the said circular. It was further pointed out that the petitioner is permitted to operate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the interest of the petitioner as well as the revenue can be protected. 7. In the light of the facts and circumstances noted hereinabove and the rival contentions advanced by the learned advocates for the respective parties, the court is of the view that the interest of justice would be served if the petitioner is permitted to pay the amount of ₹ 55,00,000/- outstanding towards excise dues by way of equal monthly installments within a period of eight months, subject to the petitioner furnishing a bank guarantee for an equal amount towards security of such amount within a period of one month from today. 8. In the light of the above, the petition partly succeeds and is, accordingly, allowed to the following extent: The responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Current The petitioner shall furnish a bank guarantee for a sum of ₹ 55,00,000/- to the second respondent within a period of one month from today. The petitioner shall also file an undertaking before this court within a period of one week from today undertaking to pay the balance amount of ₹ 55,00,000/- in equal monthly installments within a period of eight months from today. The first installment shall be paid on or before 10th March, 2019 and the remaining seven installments shall be paid on or before the 10th of each succeeding month. In case the bank guarantee is not furnished as directed, it would be open for the respondents to resort to the provisions of section 83 of the CGST Act and attach the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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