https://www.taxtmi.com/caselaws?id=285743 Section 47 of the Bihar Value Added Tax Act, 2005 is an exceptional recovery mechanism and applies only where money is actually due to the dealer or is held for the dealer; it is not a routine substitute for the ordinary recovery scheme under Section 39. A cash credit account is a loan facility, not money belonging to the dealer, and does not create the kind of debtor-creditor relationship needed for a garnishee-like attachment under Section 47. The statutory safeguard in Section 47(5) reinforces that, where the bank does not hold money for or on account of the dealer, remittance cannot be compelled. A cash credit account therefore cannot be attached under Section 47. en-us Wed, 03 Apr 2019 00:00:00 +0530 Fri, 24 Jan 2020 08:35:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285743 Section 47 of the Bihar Value Added Tax Act, 2005 is an exceptional recovery mechanism and applies only where money is actually due to the dealer or is held for the dealer; it is not a routine substitute for the ordinary recovery scheme under Section 39. A cash credit account is a loan facility, not money belonging to the dealer, and does not create the kind of debtor-creditor relationship needed for a garnishee-like attachment under Section 47. The statutory safeguard in Section 47(5) reinforces that, where the bank does not hold money for or on account of the dealer, remittance cannot be compelled. A cash credit account therefore cannot be attached under Section 47. Case-Laws VAT and Sales Tax Wed, 03 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285743