TaxTMI 
TaxTMI 
2014 (5) TMI 798
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....014 (F. Y. 2007-08) 2. In this writ petition the petitioner initially sought quashing of the garnishee order issued by the Deputy Commissioner of Commercial Taxes, Tenughat Circle, Phusro, Bokaro under Section 46 of the Jharkhand Value Added Tax Act, 2005 contained in Memo No. 14 dated 09.01.2014 in and by which the Deputy Commissioner of Commercial Taxes has directed the Chief Engineer, Chandrapura Thermal Power Station, Chandrapura, District Bokaro to pay a sum of Rs. 2,00,00,000/- (Rupees Two Crore Only) which includes an amount of Rs. 13,44,582/- (Rupees Thirteen Lacs Forty Four Thousand Five Hundred Eighty Two Only) for the period involved in this writ petition i.e. for the period 200708 and also restraining the respondent Nos. 1 to....
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.... 5. After passing of the aforesaid reassessment order dated 04.07.2011, the petitioner was served with a demand notice being Notice No. 435 dated 07.07.2011 showing an amount of Rs. 86,83,899/- . Again on the basis of audit objection, the earlier reassessment order dated 04.07.2011 was revised and another reassessment order dated 10.10.2012 assessing tax amount of Rs. 3,96,81,815/- was passed and a demand notice No. 2308 dated 10.10.2012 was served on the petitioner showing the tax payable as Rs. 3,83,37,233/-. Being aggrieved by and dissatisfied with the said reassessment order dated 10.10.2012, the petitioner filed a revision petition on 26.12.2012 along with stay petition before the respondent No. 1 (Commissioner of Commercial Taxes, ....
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....ing aggrieved by and dissatisfied with the said assessment order dated 25.03.2013, the petitioner has filed a revision petition on 29.11.2013 along with stay petition before the respondent No. 1 which is still pending. The petitioner has also supplemented the aforesaid revision petition on 12.02.2014 by filing supplementary revision petition along with a supplementary stay petition. 8. The grievance of the petitioner is that even when the revision petition and also the stay petition are pending before the first respondent, the second respondent issued a garnishee order contained in Memo No. 14 dated 09.01.2014 by which he has directed the Chief Engineer, Chandrapura Thermal Power Station, Chandrapura, District Bokaro (respondent No. 5) t....
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.... subsequent garnishee order has been issued and thereby paralysing the operation of the petitioner. It was further submitted that the petitioner's source of finance is only DVC - which is a public sector undertaking, and because of the garnishee order, the petitioner is not in a position to make day to day payment of salary, statutory liability and other legal obligation due to such coercive recovery by attachment/garnishee of the account of DVC. The learned Senior Counsel therefore submits that the garnishee order issued to DVC may be quashed or may be kept in abeyance and in the meantime, the Commissioner may be directed to dispose of the pending revision petition. 12. The learned counsel for the respondent Mr. Rajesh Shankar submi....
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....he Court and the learned Senior counsel on instruction submitted that the petitioner has sufficient funds with the DVC and the statement is recorded. Having regard to the submissions of the petitioner that the petitioner's source of finance is only DVC and consequent to the garnishee order issued to the DVC, the petitioner - which is a public sector undertaking is not in a position to make day to day payment of salary, statutory liability and other legal obligations and keeping in view the interest of the petitioner - a public sector undertaking and also the employees, we are inclined to grant interim stay of the garnishee order on conditions stated hereunder. Accordingly, the common garnishee order dated 06.03.2014 in respect of the fi....