2018 (11) TMI 276 – GUJARAT HIGH COURT – TMI – Recovery of GST dues from the debtors – petitioner does not dispute sizeable outstanding dues to the said tax department but pleads extreme financial hardship in clearing such dues in single installment – Held that:- When this Court has by interim order stayed coercive recoveries of the dues of the 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.
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Notice returnable on 29.11.2018. – R/SPECIA
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ncial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that the departmental circular permits the authority in exercise of its discretion to grant suitable installments when financial hardship is made out. NOTICE, returnable on 17.10.2018. On the condition that before the returnable date the petitioner deposits 20% of the outstanding amount and further continues to deposit 5% thereof between 1st and 5th of every month thereafter until any other order is passed, there shall be stay against coercive recoveries of the dues. Direct service is permitted. The petitioner was according
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is for your information that any payment made by ONGC to M/s. Indus Projects ltd. until this office withdraws its garnishee Notices will be deemed as violation of the terms and conditions of the Notice under Section 87 of Finance Act, 1994 and appropriate legal actions will be initiated for its violation as mentioned in the law. The applicant stated that the applicant has fulfilled all the terms of the interim order dated 20.9.2018, despite which, the respondents are enforcing coercive recoveries. When this Court has by interim order stayed coercive recoveries of the dues of the 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
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