Release of attached bank accounts due to good track record of tax payment of assessee : HC

By | February 14, 2019
(Last Updated On: February 14, 2019)
 

HIGH COURT OF GUJARAT

Mono Steel India Ltd.

v.

State of Gujarat

HARSHA DEVANI AND DR. A.P. THAKER, JJ.

R/SPECIAL CIVIL APPLICATION NO. 618 OF 2019

JANUARY  17, 2019 

Amal Paresh Dave and Paresh M. Dave for the Appellant.

JUDGEMENT

 

Harsha Devani, J. – Mr. Paresh Dave, learned advocate for the petitioner has submitted that for recovery of a sum of rupees three crore and odd, six bank accounts of the petitioner have been provisionally attached by issuing notices under section 83 of the Gujarat Goods and Services Tax Act, 2017, to the concerned banks. It was submitted that the show cause notices have been issued on 21st and 26th December, 2018 and immediately thereafter, the orders of provisional attachment have been made. The learned advocate has submitted a statement showing the details of the bank accounts of the petitioner, which indicates that the petitioner has a large amount of cash lying at its disposal with the concerned banks.

2. A perusal of the record of the case reveals that the petitioner is not a fly by night operator and has paid duty and tax to the tune of more than rupees one hundred crore in the last year. Under the circumstances, the respondent shall explain the expediency and the rationale behind ordering attachment of all the bank accounts of the petitioner and virtually bringing its business to a grinding halt.

3. Having regard to the submissions advanced by the learned advocate for the petitioner, Issue Notice returnable on 23rd January, 2019. In the meanwhile, by way of ad-interim relief, the respondent is directed to forthwith release the attachment over the bank accounts of the petitioner, subject to the petitioner maintaining an amount of Rs.4,00,00,000/- in its Account No.117013011046 with the Dena Bank, Ahmedabad. Direct Service is permitted today.


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