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March 2016

2016 (41) STR 11 (Bom) Quality Fabricators and Erectors vs. Dy. Dir. DGCEI, Mumbai

By Puloma Dalal
Jayesh Gogri
Mandar Telang Chartered Accountants
Reading Time 1 mins
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Demand alleged to be due as per SCN without its adjudication cannot be recovered by issuing notice to banks and debtors

Facts
On the basis of investigation, a Show Cause Notice (SCN)was issued which was replied to by the Appellant denying the allegation. Without giving an opportunity of personal hearing and passing the adjudicating order, recovery proceeding was initiated by sending account freezing notices to banks. On initiation of said action, partial service tax was deposited and the said action was challenged before the High Court.

Held
The High Court observed that until and unless there is crystallisation of demand by proper adjudication, recovery action cannot be initiated when all allegations were denied in the reply filed. Accordingly, the recovery notices were set aside.

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