M/s INDUS PROJECTS LIMITED Versus UNION OF INDIA
GST
2018 (11) TMI 276 – GUJARAT HIGH COURT – TMI
GUJARAT HIGH COURT – HC
Dated:- 2-11-2018
R/SPECIAL CIVIL APPLICATION NO. 14638 of 2018
GST
MR AKIL KURESHI AND MR UMESH TRIVEDI, JJ.
For The Petitioner : MR ZUBIN F BHARDA
For The Respondent : MR NIRZAR S DESAI
IA ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE
MR. JUSTICE AKIL KURESHI) The applicant is the original petitioner. In the petition, the main prayer of the petitioner is for being granted installments for clearing the Government's dues. The petitioner does not dispute sizeable outstanding dues to the said tax department but pleads extreme financial hardship in clearing such dues in single installment
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reafter until any other order is passed, there shall be stay against coercive recoveries of the dues. Direct service is permitted.”
The petitioner was accordingly posted for further hearing on 17.10.2018 on which date, the respondents appeared and prayed for time for filing reply. So far no reply has been filed. In the meantime, grievance of the applicant petitioner raised in the application is that the department is enforcing garnishee order contained in earlier communications issued to ONGC. In this context the applicant who appears in person drew our attention to a letter dated 30.10.2018 written by Assistant Commissioner of Central GST & Central Excise, DivisionIV, Vadodara to the DGM Head Finance, Onshore Engineering Services, ONGC i
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petitioner, the respondents could not have insisted on ONGC either paying up the dues of the petitioner to the department or even prevented ONGC from releasing such payments in favour of the petitioner. This would be plainly carrying out coercive recoveries of the dues which this Court by way of interim injunction prevented the department from doing.
Notice returnable on 29.11.2018.
The communication dated 30.10.2018 is stayed. It is clarified that as long as the petitioner continues complying with the conditions of interim order dated 20.9.2018 and till such order is not recalled or modified, the respondents shall not compel ONGC or any other debtor of the petitioner to deposit any amount with the department or prevent the debtor from p
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