2024 (8) TMI 1260 - HC - GST

Bank Account Attachment Quashed: Tax Authority Ordered to Reconsider Case Under Amended CGST Section 16 Within Eight Weeks

HC of Calcutta quashed the attachment notice of petitioner's bank account and remitted the matter to the proper officer for reconsideration under amended ... Challenge to determination already made by the respondents u/s 73 of CGST/WBGST Act, 2017 - HELD THAT:- This matter is remitted to the proper officer, being the respondent no.2, for reconsideration of the order passed on 23rd November, 2020 having regard to the amendment introduced in Section 16 of the said Act. Further by taking note of the amendment of Section 16 of the said Act and the realisation of Rs.1,73,174/- from the petitioner’s electronic credit ledger, it is opined that notice in Form GSTDRC-13 attaching petitioner’s bank account dated 27th December, 2022, cannot be continued any further, the same is accordingly quashed. The writ petition is disposed of. The High Court of Calcutta remitted the matter to the proper officer for reconsideration due to the amendment of Section 16 of the CGST Act. The court quashed the notice attaching the petitioner's bank account and directed a fresh decision within eight weeks. The writ petition was disposed of accordingly.