HC found the provisional attachment of petitioner's bank account ...

Provisional Bank Account Attachment Under Section 83 Invalidated Due to Lack of Substantive Evidence and Procedural Compliance

June 2, 2025

Case Laws     GST     HC

HC found the provisional attachment of petitioner's bank account under Section 83 of Maharashtra GST Act, 2017 unsustainable. The attachment was based on proceedings under Section 67 which had already concluded without raising any tax demand or issuing show-cause notice. The Commissioner failed to provide material substantiating the opinion necessitating attachment, thereby violating principles of natural justice. The drastic power of bank account attachment requires objective satisfaction based on concrete evidence, not mere assumptions. Consequently, the HC allowed the petition and set aside the attachment order, emphasizing that provisional attachment cannot be sustained without valid procedural foundations.

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