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2024 (3) TMI 894 - HC - GSTAttachment of Bank Account - Orders passed u/s 83(1) of the CGST Act - Period of limitation - repeated issuance of provisionally attachment order - cash credit accounts - HELD THAT - Learned counsel for the petitioners submits that repeated attachment of cash credit accounts in exercise of power u/s 83 of the CGST Act is in breach of the provisions of Section 83(2) and such exercise could not have been undertaken. He further submits that petitioners have not received copies of attachment order dated 13.12.2023. Admittedly, subject matter of these proceedings has ceased to operate, the petition is disposed of reserving the right of the petitioner to impugn the fresh attachment order dated 13.12.2023 in accordance with law. The question of validity of repeated issuance of attachment orders u/s 83 of the CGST Act is left open.
Issues involved:
The judgment deals with the provisional attachment of cash credit accounts under Section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act) and the legality of repeated attachment orders. Provisional Attachment of Cash Credit Accounts: The petitioner challenged the order dated 24.08.2022 passed u/s 83 of the CGST Act, provisionally attaching the cash credit accounts. The petitioner argued that as per Section 83(2) of the CGST Act, the maximum period for attachment is one year from the date of the order under Section 83(1), and since the orders had expired, they should be allowed to operate the accounts. The respondents acknowledged that orders under Section 83(1) have a lifespan of one year and cease to operate after that period. However, a fresh attachment order dated 13.12.2023 was issued, leading to the petitioner's objection that repeated attachments are in violation of Section 83(2) and that they had not received copies of the latest attachment order. Judgment and Disposal: The court noted that the order in question had already ceased to operate, and therefore disposed of the petition while reserving the petitioner's right to challenge the fresh attachment order dated 13.12.2023 in accordance with the law. The court left open the question of the validity of repeated issuance of attachment orders under Section 83 of the CGST Act and reserved all rights and contentions of the parties for future consideration.
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