Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (2) TMI 998

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... determined as due from the petitioner. The respondent shall refund the amount of ₹79,00,000/- collected from Mr. Gautam R. Barmecha, by remitting it into his personal savings bank account, from where the amounts were drawn - It is clarified that the respondents are not precluded from taking any other action in accordance with law for preservation of revenue or for recovery of any amount that may be found due from the petitioner. Petition disposed off. - W.P.(C) 7860/2022 & CM APPL. 24011/2022 - - - Dated:- 15-2-2023 - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE AMIT MAHAJAN For the Petitioner : Mrs. Anjali Jha Manish, Mr. Priyadarshi Manish Mr. Uday Pathak, Advs. For the Respondents : Mr. V .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... back to the office of the DRI at around 12:30 p.m. 4. There is a serious controversy whether the statements recorded on that date and the payment made were voluntary. It is pointed out that the bank accounts of M/s Uflix Industries were frozen and the said Demand Drafts were made from the personal savings bank account of the proprietor of the petitioner Mr. Gautam R. Barmecha. 5. Mr. Venkatraman, the learned ASG, submitted that the statements recorded on 09.05.2022 and 10.05.2022 were voluntary. He also pointed out that, subsequently, in the statement recorded on 31.05.2022, Mr. Gautam R. Barmecha admitted that his statements recorded on 09.05.2022 and 10.05.2022 were voluntary. 6. Ms. Jha, the learned counsel for the petitioner, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e also states that the petitioner would fully cooperate with the respondents for adjudication of the show cause notice. 12. In view of the above, this Court considers it apposite to dispose of the present petition in the aforesaid terms. 13. The respondent shall forthwith refund the amount of ₹79,00,000/- collected from Mr. Gautam R. Barmecha, by remitting it into his personal savings bank account, from where the amounts were drawn. 14. It is clarified that the respondents are not precluded from taking any other action in accordance with law for preservation of revenue or for recovery of any amount that may be found due from the petitioner. 15. The petitioner shall respond to the show cause notices within a period of three .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates