https://www.taxtmi.com/caselaws?id=332353 Provisional attachment under Section 45(1) of the VAT Act is an extraordinary protective measure and must be used cautiously on material showing real necessity to safeguard revenue. On the facts, the petitioner showed a prima facie case that bonded-warehouse sales may not attract VAT and that the import and sale document descriptions did not, on their face, establish a material mismatch in the goods. Because assessment remained pending, no final tax finding was made, but the existing bank guarantee substantially secured the revenue. Further attachment was therefore not warranted, and the petitioner was allowed to deal with the goods while keeping the guarantee alive until assessment. en-us Thu, 08 Sep 2016 00:00:00 +0530 Thu, 15 Sep 2016 10:31:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=332353 Provisional attachment under Section 45(1) of the VAT Act is an extraordinary protective measure and must be used cautiously on material showing real necessity to safeguard revenue. On the facts, the petitioner showed a prima facie case that bonded-warehouse sales may not attract VAT and that the import and sale document descriptions did not, on their face, establish a material mismatch in the goods. Because assessment remained pending, no final tax finding was made, but the existing bank guarantee substantially secured the revenue. Further attachment was therefore not warranted, and the petitioner was allowed to deal with the goods while keeping the guarantee alive until assessment. Case-Laws VAT and Sales Tax Thu, 08 Sep 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=332353