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    <title>2015 (3) TMI 258 - GUJARAT HIGH COURT</title>
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    <description>Provisional attachment under the Gujarat VAT Act is an extraordinary measure and cannot be used merely because assessment proceedings are pending. The authority must have a strong prima facie basis to believe additional tax liability is likely and that attachment is necessary to secure recovery. On the facts, the product classification had a plausible basis, the tax already collected was said to cover the existing liability, and no material showed a real risk of non-payment of any further tax finally found due. The attachment orders were therefore unsustainable and liable to be quashed.</description>
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    <pubDate>Fri, 28 Nov 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=257322</link>
      <description>Provisional attachment under the Gujarat VAT Act is an extraordinary measure and cannot be used merely because assessment proceedings are pending. The authority must have a strong prima facie basis to believe additional tax liability is likely and that attachment is necessary to secure recovery. On the facts, the product classification had a plausible basis, the tax already collected was said to cover the existing liability, and no material showed a real risk of non-payment of any further tax finally found due. The attachment orders were therefore unsustainable and liable to be quashed.</description>
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      <pubDate>Fri, 28 Nov 2014 00:00:00 +0530</pubDate>
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