2020 (10) TMI 527 - HC - GST

Preconditions for Property Attachment under GST Act: Court Emphasizes Due Process and Documentation

The Court emphasized the importance of fulfilling preconditions before taking action under Section 83 of the Central Goods and Services Tax Act, 2017, for ... Validity of Garnishee notice - proceedings under Sections 67 and 74 of the Central Goods and Services Tax Act, 2017 - HELD THAT:- It would be appropriate if the Respondents produce the order passed by the Commissioner under Section 83 of the Central Goods and Services Tax Act, 2017 in respect of all the garnishee notices. Stand over to 15.10.2020 as a part heard matter. Issues:1. Interpretation of Section 83 of the Central Goods and Services Tax Act, 2017 for provisional attachment of property, including bank accounts.2. Validity of garnishee notices issued under the Act.Analysis:1. The judgment addressed the interpretation of Section 83 of the Central Goods and Services Tax Act, 2017. The Court highlighted two preconditions for the Commissioner to exercise jurisdiction under Section 83. Firstly, there must be pending proceedings under specific sections of the Act. Secondly, the Commissioner must form an opinion that provisional attachment of property, including bank accounts, is necessary to protect the Government revenue. Upon satisfaction of these preconditions, the Commissioner is mandated to pass a written order provisionally attaching the property. The Court emphasized the importance of fulfilling these preconditions before taking any action under Section 83.2. The Court scrutinized a specific garnishee notice issued to the Bank Manager of Indusind Bank. The notice indicated that proceedings had been initiated against the taxable person under Sections 67 and 74 of the Central Goods and Services Tax Act, 2017. However, the Court noted a lack of clarity regarding the manner in which these proceedings were initiated. To gain a better understanding, the Court directed the Respondents to present the order passed by the Commissioner under Section 83 concerning all garnishee notices. This directive aimed to ensure transparency and proper documentation of the legal procedures followed in cases involving provisional attachment of property under the Act.3. In conclusion, the Court ordered the Respondents to produce the necessary documentation related to the Commissioner's order under Section 83 for all garnishee notices. The case was adjourned to a later date for further proceedings. The judgment underscored the significance of following due process and providing clear justification for actions taken under the statutory provisions of the Central Goods and Services Tax Act, 2017.