Provisional Attachment Order Under GST Section 83 Expires After One Year, Bank Account Must Be Released The HC addressed a challenge to a provisional attachment order under GST Act Section 83 that froze the assessee's IDBI Bank account. The Court determined ...
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Provisional Attachment Order Under GST Section 83 Expires After One Year, Bank Account Must Be Released
The HC addressed a challenge to a provisional attachment order under GST Act Section 83 that froze the assessee's IDBI Bank account. The Court determined that regardless of the dispute about proper service of the attachment order, its statutory life had expired since more than a year had passed from its issuance (before 20.01.2021). Consequently, the Court directed the bank to allow the assessee to operate the account, while preserving the tax department's right to take further legal action if warranted.
Issues: Provisional attachment of bank account under Section 83 of GST Act - Dispute regarding service of attachment order - Statutory life of attachment order - Relief sought to quash attachment and lift the freeze on bank account.
Analysis: The judgment pertains to a writ application under Article 226 of the Constitution of India where the writ applicant, an assessee, sought relief from the High Court to quash the order passed under Section 83 of the GST Act, which provisionally attached their bank account maintained with IDBI Bank. The applicant received intimation from the bank regarding the attachment, disputing that the order was not served directly. The Court heard arguments from both parties represented by Mr. Hiren Trivedi and Mr. Utkarsh Sharma, respectively.
The Court noted that the statutory life of the provisional attachment order had expired as the intimation from the bank was dated 20.01.2021, indicating that the attachment order must have been passed before that date. Since a year had elapsed, the order of provisional attachment was no longer in force. Consequently, the Court directed the IDBI Bank to allow the writ applicant to operate the bank account, without prejudice to any further actions the tax department may take in accordance with the law.
In conclusion, the Court disposed of the writ application, granting the relief sought by the applicant to lift the freeze on the bank account.
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