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Provisional GST bank attachment set aside after taxpayer agrees to pay ITC demand in installments, Section 70(1) HC addressed a challenge to provisional attachment of the petitioner's bank account under GST laws. The petitioner expressed readiness to pay the input ...
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Provisional GST bank attachment set aside after taxpayer agrees to pay ITC demand in installments, Section 70(1)
HC addressed a challenge to provisional attachment of the petitioner's bank account under GST laws. The petitioner expressed readiness to pay the input tax credit demand in 15 equal monthly installments, without prejudice to its rights in future adjudication. Recording this undertaking and noting issuance of summons under section 70(1) of CGST and GGST Acts, HC set aside the provisional attachment order dated 30.11.2022. The court directed that the attachment on the specified bank account be lifted forthwith and disposed of the petition as allowed on these terms.
Issues involved: Provisional attachment of bank account under GST laws, prayer for lifting attachment, payment of outstanding tax in installments, readiness to pay disputed tax liability, rights and contentions of the petitioner.
The petitioner filed a petition under Article 226 of the Constitution seeking to set aside the order dated 30.11.2022, which provisionally attached their bank account held with YES Bank Limited. The petitioner also prayed for the interim relief of lifting the said attachment. The petitioner is engaged in trading in metal scrap and holds valid registration certificates under the Central Goods and Services Tax Act, 2017 and the Gujarat Goods Services and Tax Act, 2017. The authorities attached the bank account following a visit to the petitioner's premises and issuance of summons under relevant GST laws.
Regarding the payment of outstanding tax, the petitioner expressed readiness to pay the disputed tax liability of Rs. 2,13,04,290 in 15 equal monthly installments. The petitioner filed an undertaking confirming their willingness to make the payments without prejudice to their rights and contentions in any future adjudicatory proceedings. The court noted the petitioner's willingness to pay the demanded tax amount and set aside the provisional attachment of the bank account. The attachment was lifted, and both parties were allowed to maintain their rights and contentions for any future proceedings without delving into the merits of the case.
The petition was disposed of in favor of the petitioner, permitting direct service on the same day.
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