2022 (4) TMI 1449

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....of. W.P.(C) No.6352/202 & C.M.No.19200/2022 1. Present writ petition has been filed challenging the provisional attachment of bank accounts as well as trade receivables effected by the impugned orders dated 17th February, 2022 and 19th February, 2022 as modified vide orders dated 10th March, 2022 and 14th March, 2022 respectively passed under Section 132 (9B) of the Income Tax Act, 1961 ('the Act'). 2. Petitioner also challenges the Letter dated 02nd March, 2022 whereby the request of the Petitioner for release of its bank accounts and trade debtors attached provisionally vide impugned orders and for release of funds to enable the Petitioner in meeting its fund requirements for day-to-day operational expenses and continuity of business o....

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.... submission, Mr. Datar relies upon the judgment of the Supreme Court in Radha Krishan Industries vs. State of Himachal Pradesh 2021 (48) GSTL 113 (SC), wherein, while dealing with similarly worded provisions relating to provisional attachment under Section 83 of the Central Goods and Services Tax Act, 2017 ("CGST Act"), it was held that the power of attachment of bank account cannot be exercised as per whims and caprices of the Authority and there must be existence of necessity based on some tangible material that the interest of the revenue can be protected only by a provisional attachment without which the interest of the revenue would stand defeated. 6. Issue notice. Mr. Zoheb Hossain, learned counsel accepts notice on behalf of the Res....