9911796707
TMI Blog2019 (2) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... e was taken up for hearing. 3. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of provisional attachment dated 15.5.2018 passed by the respondent No.2 in exercise of powers under section 83 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the "CGST Act) whereby the bank account of the petitioner bearing No.200020110000901 maintained with the Bank of India, Ahmedabad Main, Bhadra has been ordered to be attached. It is the case of the petitioner that pursuant to the said order, not only the above bank account has been attached but eight bank accounts maintained by the petitioner with different banks as enlisted at Annexure-C to the petition have been attached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice has been issued to the petitioner. It is further pointed out that the Bank of India has also issued a notice dated 2.1.2019 calling upon the petitioner to make interest payment which is overdue, failing which its account shall by classified as Non Performing Asset. It was submitted that on account of the attachment over the bank accounts, the petitioner is unable to run its day-to-day affairs smoothly, which is adversely affecting its business. It was urged that the petitioner is not denying its liability to pay the central excise dues and in fact, is ready and willing to pay the same and that the petitioner's request is that the petitioner may be permitted to pay the same in installments and in the meanwhile, the atta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing, attach provisionally any property, including bank account belonging to the taxable person in such manner as may be prescribed. Thus, the object of the provision is to protect the interest of the Government revenue. In the facts of the present case, attachment of the bank accounts of the petitioner has resulted into various hardships to the petitioner which would adversely affect its business and which may result in loss of revenue to the Government, instead if the petitioner provides for some security towards its outstanding dues, the interest of the petitioner as well as the revenue can be protected. 7. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one month from today. The petitioner shall also file an undertaking before this court within a period of one week from today undertaking to pay the balance amount of Rs. 55,00,000/- in equal monthly installments within a period of eight months from today. The first installment shall be paid on or before 10th March, 2019 and the remaining seven installments shall be paid on or before the 10th of each succeeding month. In case the bank guarantee is not furnished as directed, it would be open for the respondents to resort to the provisions of section 83 of the CGST Act and attach the bank accounts of the petitioner. Rule is made absolute to the aforesaid extent with no order as to costs
Direct service is permitted. X X X X Extracts X X X X X X X X Extracts X X X X
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