Freezing of Bank Account of petitioner - No SCN was issued - ...

Freezing Bank Account Unlawful Without Show Cause Notice; No Tax Due Without Formal Assessment per Finance Act, 1994 Section 72.

October 3, 2020

Case Laws     Service Tax     HC

Freezing of Bank Account of petitioner - No SCN was issued - Mere making of such statements of the officers of the assessee by themselves cannot lead to any conclusion that certain amount has been determined as due from the Petitioner. Finance Act, 1994 provides for various provisions for making assessment for determining the amount of service tax required to be paid by the service provider, including best judgment assessment under Section 72 which provision can be invoked when there is failure to furnish the return or failure to assess the tax. Without there being an assessment, no conclusion can be reached that any amount has become due to be paid. - HC

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