Can overdraft bank acct can be attached by sales tax

Deepak Vanjare (Querist) 14 April 2013 This query is : Resolved
If sales tax authority attaches ovrdraft acct of a sme for recovery of sales tax dues under section 33 of Maharashtra value added tax act 2002 is it legal.What recourse is available to the sme unit.

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Guest (Expert) 14 April 2013
No distinction of bank account type for the purpose of attachment.

Devajyoti Barman (Expert) 14 April 2013
If you feel aggrieved then approach high court,

R.K Nanda (Expert) 14 April 2013
it is legal.

R.K Nanda (Expert) 14 April 2013
appeal in high court.

Raj Kumar Makkad (Expert) 14 April 2013
VAT department may adopt either of the courses to enforce its recovery including arrest, attachment of either of the properties and so on.

Anirudh (Expert) 14 April 2013
Attachment of overdraft facility cannot be sustained in law. There are catena of judgments in this regard.

Therefore, the querist would be well advised to file a writ petition to get its grievance redressed. The Querist if approaches the High Court would succeed. But it should do it quickly without wasting time.

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