2021 (1) TMI 797 - HC - GST

Provisional attachment of other accounts of petitioner alongwith the cash credit account - Section 83 of GST Act - learned counsel pointed out that the order of provisional attachment is specifically confined to the cash credit account only and not to the other accounts including the fixed deposits - HELD THAT - As the PAN Card number is common, no sooner the authority concerned instructed the bank to provisionally attached the cash credit account, then the Bank, on its own, freezed all other accounts The provisional attachment of the cash credit account maintained with the Kotak Bank is not sustainable in law - the order of provisional attachment dated 23rd September 2020 passed in the Form GST DRC - 22 annexed at page 51A of the writ application, is set aside - application disposed off.

Summary

Issues:
Challenge to impugned orders under the Gujarat Goods and Services Tax Act, Provisional attachment of properties and bank accounts, Legality of provisional attachment of cash credit account, Relief sought under Article 226 of the Constitution of India.

Analysis:
The petitioner, a partnership firm, filed a writ application challenging the impugned order and seeking various reliefs under Article 226 of the Constitution of India. The matter involved a liability of ?1,67,74,868 under the Gujarat Goods and Services Tax Act, 2017, with provisional attachment orders issued for immovable properties and bank accounts. The petitioner sought relief to declare the impugned orders as without authority of law and ultra vires the Act, quash the attached properties and bank accounts, and direct the respondents not to take coercive action. The case was at the stage of Section 74 of the Act, with orders passed for provisional attachment of properties and bank accounts.

The court heard arguments from both parties and noted that the provisional attachment was specifically confined to the cash credit account and not the other accounts, including fixed deposits. The petitioner argued that the cash credit account could not be provisionally attached under Section 83 of the Act, especially as the PAN Card number was common, leading the bank to freeze all accounts. The court agreed with the petitioner's argument, stating that the provisional attachment of the cash credit account was not sustainable in law. Citing established legal principles, the court quashed and set aside the order of provisional attachment dated 23rd September 2020 concerning the cash credit account.

The court disposed of the writ application, ruling in favor of the petitioner regarding the legality of the provisional attachment of the cash credit account. The other reliefs sought in the application were not pressed by the petitioner. The judgment highlighted the importance of legal principles and the need for proper application of law in matters of provisional attachment under the Act. The decision provided clarity on the specific issue raised by the petitioner and upheld the principles of justice and fairness in the legal process.