Can govt seize legal heirs property ?
Krishnaraj
(Querist) 25 January 2012
This query is : Resolved
Dear Experts,
Kindly help...
My Father in law was running a POINT TO POINT BUS service till last year, However he has TOURIST PERMIT with him. He was suffering from lot of health problems in last many years. about one month back i have noticed a Judgement order in the table which was issued by Assistant Commissioner of Central Excise, Service tax dept.
This order says, Since you have not replied to any of the SHOWCAUSE notice sent you, We assume that you run a TOURIST Vechile and you will be liable to pay the Tax of Over ONE LAC along with 13% interest + daily interest which will be approx 2 lacs altogether. This also says you can file a Appeal against this order within 3 months. In regard to this when I went to the service tax dept where this notice was issued If you can prove that, You were rendering POINT TO POINT service then the Commissioner may consider your case and may exempt you from paying the tax.
HOWEVER, what is more alarming is that, SP of service tax dept told me, this is the 3rd judgement order he has received so far. & in the previous 2 orders the out standing balance need to be paid is Rs-23 lacs and Rs-28 lacs together Rs-51 lacs in addition with interest for last 5-6 years the total balance would be more than ONE CRORE to be paid to the service tax dept.
The SP, also said that yours is VERY Genuine case and you dont deserve to pay the service tax since you come under point to point service, but you have arrived at this position today due to negligence and for ignoring the Showcause notice etc. He also advised me to prove with the commissioner that you were rendering point to point service for the 3rd judgement order.
I would like to know,
1) what will happen If we fails to convince the Commissioner that He was running a bus with Point to point service and hence he will be exempted to pay the service tax.
2) What is the status of those 2 orders ? will the Dept. ATTACH any of the property belongs to my father in law ?
3) will the Dept. ATTACH any of the property where his Wife is the owner ?
4) will the Dept. Attach the property which belongs to his children who are now married and leading separate life with their spouse.
5) He has got ONE LAND, Shares, Bank FD & a CAR. and his Wife has got a HOUSE, FD & Shares in her name. Childrens have their own property. HOW BEST CAN WE PROTECT This.
PLEASE ADVICE and HELP ME.
ajay sethi
(Expert) 25 January 2012
you have been grossly negligent . show cause notices have to be replied immediatedly and personal hearing attended . since order has been passed aginst you file appeal immediatedly .
similarly in respect of 2 earlier orders file appeal along with condonation of delay application with Commissioner Appeals .
if no appeal is filed the authroties can attach your properties .properties of children will not be attached
contact a lawyer immediatedly
Raj Kumar Makkad
(Expert) 25 January 2012
1. You then file a writ petition before high court and put your entire case there.
2. This should be replied by you rather by us. Ask this question from department.
3. Department may do so, if you do not get stay order against the recovery.
4. No.
5. The properties of children are already sage but nothing can be commented about other properties till the couple owns those.
ajay sethi
(Expert) 25 January 2012
since alternative remedy is available in form of appeal before commissioner Appeals writ petition wont serve the purpose . high court will direct you to file an appeal before Commr Appeals
prabhakar singh
(Expert) 26 January 2012
Yes! first exhaust all remedies before visiting High Court.
M/s. Y-not legal services
(Expert) 27 January 2012
am also suggest you to approach your high court for your speedy remedy..
-tom-
R.RAJENDRAN
(Expert) 28 January 2012
All orders seem to be from what you have stated as ex-parte orders.
File appeals with petitions for delay condonation, stating the valid and acceptable reasons.
Then further course of action can be persued.
