2022 (6) TMI 465 - HC - GST

Freezing of Bank Accounts of petitioner - Rule 86A(3) of the CGST Rule 2017 - HELD THAT - Issue Notice. List the matter on 31.08.2022.

Summary

Issues:
Challenging orders of provisional attachment and freezing of bank accounts, blocking of electronic credit ledger under CGST Rules.

Analysis:
The petition sought various writs to challenge orders related to the attachment and freezing of bank accounts, as well as the blocking of the electronic credit ledger. The orders in question were issued by the Principal Additional Director General of the DGGI Headquarters. The petitioner requested writs of certiorari to set aside the orders and writs of mandamus to de-freeze the accounts. The specific bank accounts mentioned were one maintained at Axis Bank, Sadar Bazar, and another at ICICI Bank, Barakhamba Road. Additionally, the petitioner sought relief regarding the blocking of the electronic credit ledger for a specific period.

The court issued notice on the matter, which was accepted by Mr. Aditya Singla on behalf of the respondents. Mr. Singla, representing the respondents, conceded that the reliefs sought in prayer clauses (a) to (d) could be granted immediately. Consequently, the court ordered in favor of these reliefs without further deliberation.

However, the court noted that the remaining prayers (e) and (f) required examination. Mr. Singla pointed out that the current respondents were not the appropriate parties for the relief sought in these clauses. In response, the petitioner's counsel agreed to include the jurisdictional Commissionerate as a party in the case. Permission was granted for this amendment.

The court scheduled the next hearing for a later date and directed all parties, including the banks involved (Axis Bank and ICICI Bank), to comply with the order based on its digitally signed copy. This comprehensive analysis outlines the issues raised in the petition, the responses from both parties, and the court's decisions regarding the various reliefs sought by the petitioner.