TaxTMI 
TaxTMI 
2023 (5) TMI 1125
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....orted in the month of October'2022 has found to be activated in Indian territory after the date of EGM, therefore, it is a false export. The said allegation has been made on the basis of the Samsung report found in Samsung MCS portal. b. E-invoice has been generated after the EGM date which concludes that export is false. c. The goods purchased from the M.I.Telcom is a false transaction as the e-way bill generated for transportation is incorrect. In support of the same, a consent has been obtained from Shyamoli Poribahan & Gree Loine Travels. Copy of the DRC-01A form dated 25/03/2023 is annexed herewith and marked as "Annexure-P3". It was further alleged: "a. Mobile phones exported in the month of October....
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....ed by the bank to its customers to use and utilise the money and if such facility availed of, it would attract the interest to be charged for the same so utilised. It is further held that the cash-credit facility is not a debt to be attached by the respondent authority. Learned counsel appearing for the petitioner further refers to another decision of the Division Bench of Gujarat High Court reported in 2022 (64) GSTL 482 (Guj) wherein it is specifically held that the law is well-settled that a cash-credit account of the assessee cannot be provisionally attached in exercise of powers under Section 83 of the CGST Act. Referring to a decision of the Hon'ble Supreme Court in Radha Krishan Industries Vs. State of Himachal Pradesh reported....
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....on. (4) The power under Section 83 of the Act for provisional attachment should be exercised only if there is sufficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or any part of his/her property with a view to thwarting the ultimate collection of demand and in order to achieve the said objective, the attachment should be of the properties and to that extent, it is required to achieve this objective. (5) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should it be used in a manner which may have an irreversible detrimental effect on the business of the assessee. (6) The attachment of bank account and trading asset....
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....held by this Court that cashcredit facility is not a debt and therefore, it cannot be made attachable. This Court is bound by the above-stated precedent. Here comes another issue. The statute provides under Rule 159 Sub-Rule 5, the remedy whose property is attached. Thus, it is contended by the learned advocate for the respondent that where there is efficacious and speedy remedy in the statute, such remedy cannot be bypassed and no relief should be granted to the petitioner in this regard under Article 226 of the Constitution of India. The issue as to whether relief under writ jurisdiction should be granted in a case where there is alternative statutory remedy was called upon for determination before the Hon'ble Supreme Court in relat....