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Filing of fir by sales tax department

(Querist) 02 March 2013 This query is : Resolved 
A company mortgaged the property to Bank. There was demand of sales tax against the company. Bank got attached the property through court order. Sales tax department also wrote to Registrar for attachment but no record of attachment in the registrar file. Bank compromised with company in DART and the property was sold and all sale money deposited by purchaser directly to Bank through RTGS. Now sale tax department want to file a FIR against the director of company that you have defraud the revenue by selling the property attached by sale tax department. Whether the sales department can file FIR against the director of company under such circumstances.
Raj Kumar Makkad (Expert) 02 March 2013
Yes. FIR can be got filed but the directors have defence with them.


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