2019 (10) TMI 1302

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....K. Vedamurthy , Additional Government Advocate ORDER MRS. S. SUJATHA J.- 1. The learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner has challenged the bank attachment notices issued under section 45 of the Karnataka Value Added tax Act, 2003 ("the KVAT Act", for short) dated August 22, 2019 for attachment of overdraft bank account of the petitio....

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.... authorising the Department to realise the amount for which the Bank has agreed to give loan. Reliance is placed on the order of the cognate bench of this court in the case of Karnataka Bank Ltd. v. Commissioner of Commercial Taxes, Karnataka, Bangalore reported in [1999] 114 STC 19 (Karn) ; [1998] 45 Kant. L. J. 595. 5. The learned Additional Government Advocate appearing for the Revenue would....

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....y holding money for or on account of the dealer is liable to pay to the assessing authority the said amount. A credit facility by way of overdraft or otherwise cannot be considered to be authorising the Department to realise the amount for which the bank has agreed to give the loan. If the account of the defaulter runs in debit and there being no credit in his account, this should not be considere....