2019 (11) TMI 765 - HC - GST

Provisional attachment of Bank Accounts - period ending January 2019 - HELD THAT - The learned counsel appearing for the first respondent does not dispute that the entire amount due and payable, for which the provisional attachment under Section 83 of the CGST Act was issued has been paid by the appellant. The impugned communication dated 03rd April 2019 (Annexure-A to the writ petition) is hereby quashed and set aside - Appeal allowed.

Summary

Issues:
Challenge to communication directing provisional attachment of bank account under CGST Act, 2017.
Validity of stay order by Single Judge subject to deposit of 50% of balance demand.
Challenge to order imposing condition of deposit of 50% of balance demand.
Dispute over payment of CGST amount.
Quashing of communication dated 03rd April 2019 and setting aside of impugned order.

Analysis:

1. The appellant challenged a communication directing the provisional attachment of his Bank Account under the CGST Act, 2017. The communication was issued on 03rd April 2019 for the period ending January 2019. The learned Single Judge stayed the impugned order subject to the deposit of 50% of the balance demand. The appellant filed an appeal challenging the order dated 27th June 2019 imposing the condition of depositing 50% of the balance demand.

2. The appellant submitted an Affidavit along with necessary documents evidencing the payment of CGST from August 2018 to March 2019 amounting to ?3,93,81,214.00. The counsel for the first respondent did not dispute that the entire amount due and payable, for which the provisional attachment was issued, has been paid by the appellant.

3. Considering the factual position that the appellant has paid the entire amount due, the High Court quashed and set aside the communication dated 03rd April 2019 directing the provisional attachment of the bank account. Consequently, the impugned order passed in the writ petition became inoperative, and the appeal was allowed accordingly.

This judgment highlights the importance of timely payment of dues under the CGST Act to avoid provisional attachment of bank accounts. The Court emphasized that once the amount due is paid, any communication or order for attachment becomes invalid. The decision serves as a reminder for taxpayers to fulfill their tax obligations promptly to prevent legal actions such as provisional attachment of assets.