9911796707
TMI Blog2019 (8) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute that with regard to penalty liability of little over 11.05 lakhs of G.Jayabal i.e., 11,05,037/- to be precise, a sum of 1,51,038/- has already been debited from the bank account of the writ petitioner Company and the same has been paid out to the Department. In addition to this, the writ petitioner Company will now pay 25% of the penalty amount of 11,05,037/- to the first respondent - For the balance after giving credit to the aforesaid 1,51,038/- and 25%, a personal bond shall be provided by the deponent of the aforesaid affidavit filed in support of the instant writ petition. On the aforesaid payment being made and a bond being furnished in appropriate format as required by the Department, the impugned attachment order will stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bearing Ref. No.TIN:33784384596/14-15 signed on 15.2.2017 (hereinafter 'said proceedings' for brevity). Said proceedings are revised assessment proceedings under Section 27(1) of TNVAT Act. The tax liability under said proceedings has been paid and there is no dispute about this. Penalty of ₹ 11,05,037/- (Rupees Eleven Lakhs Five Thousand and Thirtyseven only) was also imposed under Section 27(4) of TNVAT Act vide said proceedings and the same remains unpaid. 7. Under such circumstances, the first respondent has issued a 'communication dated 22.7.2019 bearing Ref.No.Rc.A3/102/ 2019' (hereinafter 'impugned attachment order' for brevity) and this impugned attachment order has been issued by the first respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d assessment order made by the first respondent under which the aforesaid G.Jayabal is liable to pay little over ₹ 11.05 lakhs penalty is being assailed in a manner known to law and that the same will be done within eight weeks from today. 12. It was also submitted by the learned counsel for writ petitioner that the entire business/trading activities of the writ petitioner has been paralysed owing to the impugned attachment order. 13. This Court is of the considered view that in the light of the undisputed position as it unfurls in the hearing today, without expressing any view on the merits of the matter, writ petition can be disposed of by passing an order whereby the assessee gets a breather and the interest of Revenue is also pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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