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2019 (2) TMI 1452 - HC - GSTAttachment of bank accounts - input tax credit - power of Commissioner to order provisional attachment - section 83 of the CGST Act - Held that:- Under section 83 of the CGST Act, the Commissioner is empowered to order provisional attachment for the purpose of protecting the interest of the Government revenue. In the facts of the present case, while a liability of ₹ 14.62 crores had been estimated at the time when the order under section 83 of the CGST Act came to be passed, the present estimate is ₹ 16.24 crores. Thus, the petitioner, upon conclusion of any proceedings that may be taken pursuant to the proceedings under sections 67, 73 or 74 of the CGST Act, may be liable to pay such amount. Admittedly, the petitioner has already reversed input tax credit to the tune of ₹ 13,28,00,000/ - In the opinion of this Court, considering the amount paid by reversing input tax credit, the interest of the Revenue is sufficiently secured. Therefore, the provisional attachment of the above referred bank accounts of the petitioner is no longer justified. Petition allowed.
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