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2019 (2) TMI 1452

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..... nclusion of any proceedings that may be taken pursuant to the proceedings under sections 67, 73 or 74 of the CGST Act, may be liable to pay such amount. Admittedly, the petitioner has already reversed input tax credit to the tune of ₹ 13,28,00,000/ - In the opinion of this Court, considering the amount paid by reversing input tax credit, the interest of the Revenue is sufficiently secured. Therefore, the provisional attachment of the above referred bank accounts of the petitioner is no longer justified. Petition allowed. - R/SPECIAL CIVIL APPLICATION NO. 1160 of 2019 - - - Dated:- 21-2-2019 - MS HARSHA DEVANI AND DR A. P. THAKER, JJ. For The Petitioner (s) : ANANDODAYA S MISHRA (8038) For The Respondent (s) : MR NI .....

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..... counts No. 02950600021450, 02950600021591, 02950600021899, 02950600022187, 02950300039429 and 02950300040500 maintained with the Bank of Baroda. 6. Heard Mr. A.S. Mishra, learned advocate for the petitioner and Mr. Nirzar Desai, learned Senior Standing Counsel for the respondent. 7. Mr. Mishra, learned advocate for the petitioner, has submitted that the petitioner had reversed the input tax credit of ₹ 12,99,32,058/, against the total input tax credit taken in respect of M/s. Om Enterprises, M/s. Shivay Enterprises and M/s. Avi Enterprises. It is further submitted that the petitioner has already paid the initial demand of GST to the tune of ₹ 7,51,01,066/. Thus, according to the learned advocate for the petitioner, in all, .....

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..... is empowered to order provisional attachment for the purpose of protecting the interest of the Government revenue. In the facts of the present case, while a liability of ₹ 14.62 crores had been estimated at the time when the order under section 83 of the CGST Act came to be passed, the present estimate is ₹ 16.24 crores. Thus, the petitioner, upon conclusion of any proceedings that may be taken pursuant to the proceedings under sections 67, 73 or 74 of the CGST Act, may be liable to pay such amount. Admittedly, the petitioner has already reversed input tax credit to the tune of ₹ 13,28,00,000/. In the opinion of this Court, considering the amount paid by reversing input tax credit, the interest of the Revenue is sufficien .....

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