TaxTMI 
TaxTMI 
2017 (4) TMI 75
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.... be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned auction notice (Annexed at Annexure W) dated 07/02/2017; (C) Without prejudice to the above and in the alternative this Hon'ble Court may be pleased to direct the learned respondent authorities not to fix the reserve price for the auction of the property below Rs. 4.51 Crores. (D) This Hon'ble Court may be pleased to quash and set aside the impugned order dated 28/10/2016 (Annexed at Annexure R) suspending the registration certificate of the petitioners under the VAT Act; (E) This Hon'ble Court may be pleased to direct the learned respondent authorities to grant installments to the petitioners for payment of outstanding dues under the Entry Tax Act and in the meantime allow the petitioners to do business by forthwith restoring the registration certificate of the petitioner. [2.0] Heard Shri S.N. Soparkar, learned Senior Advocate appearing with Shri Uchit Sheth, learned advocate appearing on behalf of the petitioners and Shri Hardik Vora, learned Assistant Government Pleader appearing on behalf of the respon....
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....erty /agricultural land and straightaway deposit the entire amount realized by the petitioners, with the Department i.e. Rs. 4.51 Crores and on deposit of Rs. 4.51 Crores directly with the Treasury /Department, attachment over the aforesaid agricultural land be lifted. Shri Soparkar, learned Senior Advocate appearing on behalf of the petitioners has further submitted that the balance amount shall be paid with interest within a period of six months on monthly equal installments by selling other properties mentioned at page 69 of the petition. He has stated at the bar that till the entire amount is cleared, the attachment over the residential building at Surat may be continued and rest of the properties may also be attached. He has stated that all the co-owners of other properties have filed their separate affidavits declaring that they have no objection if the aforesaid properties are sold and the amount is realized by selling the said properties and till the entire amount due and payable by the petitioners is paid their properties be attached. Shri Soparkar, learned Senior Advocate appearing on behalf of the petitioners has stated that necessary undertakings by the partners of the ....
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....o agreed that till the entire outstanding amount with statutory interest is paid, some other properties belonging to their family members /sisters etc. be also taken under attachment and the attachment be lifted with respect to the said properties as soon as they find suitable buyer and on deposit of the entire amount due and payable by the petitioners the attachment on the properties in question be lifted. The chart /details of the properties of which the attachment is made and on which the attachment can be made is as under; Sr. No. Land Details Address Area Ownership and Ratio Market Value (approx. ) (In Crores Rs.) 1 Agricultural Land Survey No.75, Block No.76, Surat Kadodara Road, Moje Kumbhariya, Taluka Choriyasi, Surat 4350 sq. mt. Natvarlal Dhirajlal Dhru - 100% 4.35 2 Residential 31-32, Sneh Smruti Co.op. Housing Society, Nr. Adajan Patia, Rander Road, Surat 474.27 sq. mt. Hemant Natvarlal Dhru - 50% 5.50 Rajesh Natvarlal Dhru - 50% Total 9.85 Details of property on which attachment can be made Sr. No. Land Details Address Area Ownership and Ratio Market Value (approx.) (in Crores....
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....said amount from the purchaser. Till the amount of Rs. 4.51 Crores is deposited by the petitioners within a period of one month from today and /or prior thereto on selling the aforesaid property, attachment on the said agricultural land shall be continued. It is directed that on deposit of the said amount of Rs. 4.51 Crores with the Treasury /Department, respondents shall lift the attachment over the said agricultural land. (b) that the petitioner shall pay the remaining outstanding dues under the Entry Tax / Value Added Tax Act alongwith statutory interest in six equal monthly installments commencing from April, 2017. Meaning thereby, the first installment shall commence from April, 2017. Till the outstanding dues under the Entry Tax /Value Added Tax alongwith the statutory interest in six equal monthly installments are paid, the residential property mentioned at Serial No.2 hereinabove shall be continued to be under attachment. As agreed by the petitioners /partners of the firm as well as the co-owners of the property mentioned at Serial Nos.3 to 6 mentioned hereinabove, the properties mentioned at Serial Nos.3 to 6 shall be under attachment /continue to be under attachment of....