<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (2) TMI 1800 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=276888</link>
    <description>Provisional attachment of bank accounts under section 45 of the Gujarat Value Added Tax Act, 2003 requires the Commissioner to record a reasoned satisfaction based on objective material that such action is necessary to protect revenue. Where the order does not disclose that satisfaction, and the revenue interest is already secured by prior attachment of stock substantially covering the proposed demand, further attachment of bank accounts cannot stand. Reliance on section 44 for recovery of crystallized dues was also misplaced before assessment had been completed. The attachment orders were therefore set aside and the bank accounts directed to be released.</description>
    <language>en-us</language>
    <pubDate>Fri, 02 Feb 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 20 Nov 2018 07:34:13 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=542668" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (2) TMI 1800 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276888</link>
      <description>Provisional attachment of bank accounts under section 45 of the Gujarat Value Added Tax Act, 2003 requires the Commissioner to record a reasoned satisfaction based on objective material that such action is necessary to protect revenue. Where the order does not disclose that satisfaction, and the revenue interest is already secured by prior attachment of stock substantially covering the proposed demand, further attachment of bank accounts cannot stand. Reliance on section 44 for recovery of crystallized dues was also misplaced before assessment had been completed. The attachment orders were therefore set aside and the bank accounts directed to be released.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 02 Feb 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=276888</guid>
    </item>
  </channel>
</rss>