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2016 (12) TMI 1497

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....o. 4-Commercial Tax Officer, Chanod Check Post, District Valsad and thereby direct the respondents to release the Truck, bearing registration No. GJ-24-V-2380 and the seized goods of the petitioner. 2.1 The petitioner has also prayed for appropriate writ or order quashing the impugned Order dated 5th November 2016 passed by the respondent-authorities provisionally attaching the stock of the petitioner. 3. Today, when the present petition is taken up for further hearing, Shri Vivek N. Mapara, learned advocate appearing on behalf of the petitioner has stated at the bar that the petitioner does not press for relief to quash and set-aside the memo seizing the goods of the petitioner and the Order dated 5th November 2016 passed by the responde....

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....tion as and when required by the Department. 3.1 Considering the above, Shri Hardik Vora, learned AGP has requested the Court to pass appropriate order; as the aforesaid proposition can be said to be protecting the interest of the Revenue also. 4. Heard Shri Vivek N Mapara, learned advocate appearing on behalf of the petitioner and learned AGP Shri Hardik Vora for the respondent-State. 5. At the outset, it is required to be noted that as on today, there is tax liability of Rs. 1,04,08,325/= which is due and payable by the petitioner to the respondent- Department. The liability is not disputed by the petitioner. For non payment of tax dues, the Department has detained the Truck with the goods. The Truck is detained since 15th October 2016....

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.... before the authority the truck, bearing registration no. GJ-24- V-2380, the Truck bearing registration no. GJ-24-V- 2380 is ordered to be released. [c] The petitioner to comply with the undertaking filed by him and make payment of balance amount of Rs. 84,08,325/= with interest; if any, on the amount due and payable by 20th February 2017, failing which necessary consequences of breach of undertaking shall follow. [d] Till the entire amount of tax liability with interest; if any due and payable on the outstanding amount is paid, the goods seized which at present are lying in the Truck in question and the provisional attachment of the stock [as per the Order dated 5th November 2016] shall be continued. It is ordered that while releasin....