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2022 (4) TMI 1143 - HC - GSTSeeking to defreeze/deblock the bank accounts of the present petitioner - issuance of summons under Section 70(1) of the of the CGST Act, 2017 and Section 70(1) of the GGST Act, 2017 - HELD THAT - It appears that the electronic credit ledger maintained by the writ applicant Company has been blocked. This action appears to be in exercise of powers under Section 86A of the Act, 2017. It has been further pointed out that yesterday, the bank accounts have also been freezed. Issue Notice to the respondents returnable on 31.03.2022.
Issues Involved:
1. Challenge to summonses issued under CGST and SGST Acts 2. Prayer for quashing impugned actions and summonses 3. Stay on proceedings pending deposition of Input Tax Credit 4. Direction to prevent coercive action against the Petitioner 5. Request to defreeze bank accounts 6. Interim relief and additional reliefs sought Analysis: 1. The petitioner sought the issuance of a Writ of Mandamus to quash and set aside summonses dated 16.03.2022, 17.03.2022, 19.03.2022, and 21.03.2022 under CGST and SGST Acts. The proceedings were at the stage of summonses under Section 70(1) of the Acts, with one of the Company Directors asked to be present for interrogation and statement recording. 2. The petitioner further prayed for the quashing of impugned actions initiated by the Respondent, seeking relief through appropriate writs. The electronic credit ledger of the Company was blocked under Section 86A of the Act, 2017, and the bank accounts were also frozen. The Court issued notice to the respondents returnable on 31.03.2022, permitting direct service and notifying the matter on top of the Board on the returnable date. 3. Pending the final disposal of the petition, the petitioner requested a stay on the implementation of summonses and consequential proceedings until the deposition of the remaining Input Tax Credit. The Petitioner was willing to deposit the credit as per the calculation provided by Respondent No.2, seeking protection of rights and contentions during this period. 4. Additionally, the petitioner sought a direction to prevent coercive action against them and their office bearers during the pendency of the petition. This request aimed to ensure that no adverse actions were taken by the Respondent or their representatives that could harm the petitioner's interests. 5. Another relief requested was the defreezing or unblocking of the bank accounts of the petitioner. This request was made to allow the petitioner to access their financial resources and conduct regular business activities without hindrance during the legal proceedings. 6. The petitioner also requested an ex-parte ad-interim relief in line with the previous requests for stay and prevention of coercive actions. Furthermore, the petitioner left room for any other reliefs deemed fit and proper by the Hon'ble Court in the circumstances of the case, indicating a willingness to comply with any additional orders or directions necessary for the resolution of the matter.
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