2024 (12) TMI 1079

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....parties. 3. The petitioner has pleaded that he was appointed as a nominee/non-executive director of Vistaar Logistic Pvt. Ltd. ("the company") on 25 February 2016. By letter dated 18 March 2019, he resigned as a director due to personal reasons. On 20 March 2019, the board resolved to accept the petitioners' resignation, which was communicated to the petitioner on the same day. The company also filed form DIR-12 with the Ministry of Corporate Affairs regarding the acceptance of the petitioners' resignation. 4. By the impugned communication dated 22 February 2024 and 20 June 2024, respondent No.2 has attached/frozen the petitioners' Demat accounts referred to in prayer clause (b) of this petition on the ground that the company has defa....

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....27481; DP ID: 69500 held with Vijeta Broking India Private Limited and (iv) accounts No. IN300757-10619051; DP ID: IN300757 held with Integrated Enterprises (India) Private Limited; 6. Mr. Harsh Behany learned counsel for the petitioner submits that the impugned action of attachment/freezing of the petitioners' demat accounts was in gross violation of the principles of natural justice and fair play. He submits that no proceedings were ever initiated against the petitioner, who had resigned as a company director. He submitted that the impugned action was not backed by any of the statutory provisions of the Maharashtra Goods and Services Tax Act (MGST Act) and the rules made therein. He relied upon the decision of the co-ordinate ....

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....er XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by an order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner, as may be prescribed.] (2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). 11. The above-quoted provisions refer to the initiation of proceedings under Chapters XII, XIV or XV. Nothing on record suggests that any proceedings have been initiated against the petitioner under these Chapter....