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    <title>2019 (4) TMI 1813 - PATNA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=285743</link>
    <description>The court held that the Assessing Authority&#039;s use of Section 47 of the Bihar Value Added Tax Act for recovery of disputed tax amounts while statutory appeals were pending was improper. It emphasized that Section 47 should only be used in exceptional circumstances, not routinely. Regarding the attachment of Cash Credit Accounts under Section 47, the court ruled that such accounts, being loan facilities, cannot be attached for tax recovery as they do not hold actual funds of the dealer. The court quashed the notices issued under Section 47, highlighting the lack of verification by banks and the prescribed authority. The decision stressed the importance of following statutory procedures and ensuring justified recovery actions.</description>
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    <pubDate>Wed, 03 Apr 2019 00:00:00 +0530</pubDate>
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      <title>2019 (4) TMI 1813 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=285743</link>
      <description>The court held that the Assessing Authority&#039;s use of Section 47 of the Bihar Value Added Tax Act for recovery of disputed tax amounts while statutory appeals were pending was improper. It emphasized that Section 47 should only be used in exceptional circumstances, not routinely. Regarding the attachment of Cash Credit Accounts under Section 47, the court ruled that such accounts, being loan facilities, cannot be attached for tax recovery as they do not hold actual funds of the dealer. The court quashed the notices issued under Section 47, highlighting the lack of verification by banks and the prescribed authority. The decision stressed the importance of following statutory procedures and ensuring justified recovery actions.</description>
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      <pubDate>Wed, 03 Apr 2019 00:00:00 +0530</pubDate>
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