TaxTMI 
TaxTMI 
2024 (10) TMI 1034
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....24 (Stay of the operation of Form GST DRC-22 dt. 28.05.2024) 1. The writ petitioner is aggrieved by the order dated 28 May 2024, pursuant to which the respondents have proceeded to provisionally attach the bank account maintained by it in exercise of powers conferred by Section 83 of the Central Goods and Services Tax Act, 2017 [CGST Act]. 2. Learned counsel for the writ petitioner contends that the impugned order is liable to be set aside since it fails to record or reflect any satisfaction having been formed by the competent authority that the provisional attachment was warranted in order to protect the interest of Government revenue. 3. Our attention was also drawn to the following principles that were enunciated by the Supreme ....
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....of Rs 3.25 crores which the appellant has allegedly taken fraudulently. 19.15. Even if the Revenue has to attach the properties of the assessee, immovable properties must be attached. Attachment of bank accounts and trading assets should be a last resort only as it paralyses the business of the assessee. 19.16. The pendency of proceedings under Sections 62, 63, 64, 67, 73 or 74, of the HPGST Act, is a precondition for invoking the provisions of Section 83 of the HPGST Act. 19.17. The provisional attachment of the appellant's assets was made on 28-10-2020, before the proceedings were initiated against the appellant under Section 74 of the HPGST Act on 27-11-2020. Thus, the provisional attachment was made withou....
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....on between the appellant and GM Powertech was a fake transaction without actual movement of goods, it follows that the appellant cannot claim refund of ITC nor would the appellant be liable to pay tax on outward supplies. However, the appellant has already paid Rs 12.49 crores of tax on outward supplies. 19.24. The third respondent has raised a demand of Rs 39 crores against GM Powertech for illegally availing ITC. Once the tax demand has been confirmed against GM Powertech, refusal to grant ITC to the appellant would amount to double collection of tax." 4. As we view the provisional attachment order, we find that an allegation is levelled that it had come to the notice of the respondents that the petitioner firm had made suspic....
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....perty attached is of perishable or hazardous nature, [and if the person, whose property has been attached,] pays an amount equivalent to the market price of such property or the amount that is or may become payable [by such person], whichever is lower, then such property shall be released forthwith, by an order in Form GST DRC-23, on proof of payment. (4) Where [such person] fails to pay the amount referred to in sub-rule (3) in respect of the said property of perishable or hazardous nature, the Commissioner may dispose of such property and the amount realized thereby shall be adjusted against the tax, interest, penalty, fee or any other amount payable by [such person]. (5) Any person whose property is attached may [file a....