solution on wrong sales tax claim leading to inability to avail Amensty scheme

[gandhi c. s.]

The Sales tax department has attached our assets – land through talathi without following any procedure like serving demand notice , giving hearing chance etc for recovery of Rs 35 lakhs. We came to know this only when we took 7/12 extract . We then contacted Dy Commissioner Salex tax department. He refused to explain against which demand this action was initiated. WE have no sales tax case pending before this. Due to this approach, we are unable to take advantage of the amnesty scheme to clear the 7/12 extract under this situation. The said amnesty is closing on 31st Dec 2016
If we approach High Court for this, the decision is next to impossible due to long piled cases.
We look forward to know what is best remedy to take advantage of the current amnesty scheme of sales tax to remove the entry of charge on our 7/12. Whether district court can help in releasing the demand letter to enable us take advantage of amnesty scheme & if there is no demand as we know, order to release the attachment appearing on our 7/12.

[AFFA]

Re: solution on wrong sales tax claim leading to inability to avail Amensty scheme

I wish to inform you that you may first seek permission from commissioner to allow you to avail benefit of amnesty scheme. Under Rule 5 of Rule Service Tax (Provisional Attachment of Property) Rules, 2008 he can allow you. Violation in attaching property may be highlighted to him for granting you permission. Alternatively a writ petition in high court may be filed. You may file petition as urgent matter. In very first hearing violations may be informed to court and dates of amnesty scheme closing so that court may treat matter as urgent and decide. Lastly a lawsuit in district court may be filed whereby stay order may be obtained restricting service tax department from attaching property.

AFF