TaxTMI 
TaxTMI 
2020 (3) TMI 892
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....ons, by the companies belonging to the same group. The first of these petitions i.e. CWP No.4144 of 2020 is filed by M/s Ireo Hospitality Company Private Limited ('IHCPL') where the principal challenge is to the provisional attachment order dated 7th February, 2020 issued by the Principal Commissioner, CGST Commissionerate, Gurugram attaching the bank accounts of the Petitioner. 2. When CWP No.4144 of 2020 was listed for hearing before this Court on 14th February, 2020, notice of motion was issued and the petition was adjourned to 18th February, 2020 at the request of learned standing counsel for the Respondents. 3. On the following date i.e. 18th February, 2020 while further adjourning the case to 25th February, 2020 again at the....
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.... though the request is hardly reasonable, we accede to it. Adjourned to 27.02.2020. Copy of the order be handed over to learned counsel for the Revenue under the signatures of Bench Secretary of this Court. Photocopy of this order be placed on the file of each connected case." 5. In the meanwhile, companion petitions had been filed and the above order was common to the first petition i.e. CWP No.4144 of 2020 and the other four petitions by the other group companies viz., Ireo Victory Valley Private Limited (CWP No.4506 of 2020), Ireo Grace Realtech Private Limited (CWP No.4507 of 2020), Ireo Residences Company Private Limited (CWP No.4512 of 2020) and Ireo Private Limited (CWP No.4513 of 2020). The challenge in those petitions inter ....
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....ur appreciation for appearance of the Officer, we declare that he need not be present on next date. A photocopy of this order be placed on the file of each connected case. 7. Further submissions were heard by this Court on 17th March, 2020 when it was urged by Mr. Balbir Singh, learned Senior counsel for the Petitioner that as long as the Petitioners' principal grievance that the provisional attachment orders were non-reasoned orders is entertained and a time bound direction is issued to the respondent to pass those orders afresh in accordance with law taking into account the submissions of the Petitioners in these petitions, the petitioners were willing to abide by any terms and conditions as may be deemed appropriate by the Court. ....
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.... Mr. Balbir Singh that money received by IHCPL by way of borrowings, loans, OD facility and CC limit ought not to be attached by the Respondents and that the interim order already passed in this regard by this Court on 18th February, 2020 should be made absolute. 11. Mr. Balbir Singh, Senior Advocate has further highlighted what is stated in paragraph 6 of the affidavit, that the Petitioners' have fixed deposits (FD) in various bank accounts to the tune of Rs. 52,23,71,188/- which are under lien on account of security except FDR of Rs. 1,43,31,817/- which is free from encumbrances. 12. Mr. Sourabh Goel, learned senior panel counsel for Union of India submitted that the affidavit was not explicit whether there was any other account of ....
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.... Petitioners would furnish to the Respondents the receipts for the payments made to the vendors for completing the live residential and commercial projects of the Petitioners, accompanied by an affidavit explaining the details of such payments. Thirdly, the Petitioners will maintain status quo with regard to FDs, both which are under lien as well as the FDR which is free from encumbrances. 15. Binding down the Petitioners to the aforementioned statement made before the Court as recorded in paras 13 and 14 above, the following directions are issued:- (i) The impugned order of provisional attachment of Petitioners' bank accounts are hereby set aside upon the condition that fresh orders would be passed by the Respondent No.2 in that reg....