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Rachna Sanyal (Senior)     03 July 2014

Advice required how constitutional is maharashtra vat action

MAHA VAT has issued Asst Dues in the case of Suspicious Dealers to the Purchasing Dealers & also recovered Tax from many Purchasing Parties & also disallowed the Input Credit in all such cases. This makes evident that Dept has collected / establised the Dues of such Taxes from one of the parties in the Transaction

Now the Department has also initiated Legal Action u/s 420 .... 465 .... & such sec Lodging Police Complaints agst such Suspicious dealers

This shows that the Dept is initiating duplication of action & proceedings in one & the same case ( This is my opinion)

Is this duplication of action a constitutionally valid action ?

What action the Department can take in this type of case & what Action Police Dept has powers to take in such cases.

Advocates in specialised Taxation & Revenue Practice in Maharashtra VAT may Pls advice on this matter & if Possible contact me on 8976009343



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