9911796707
TMI Blog2023 (8) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... dents : Mr. Dhananjay B. Deshmukh a/w Mr. Ashutosh Mishra i/by Mr. Jitendra B. Mishra. P.C. :- This petition challenges the provisional attachment of three bank accounts under Section 83 of the Central Goods and Service Tax Act, 2017 (CGST Act), the details of which are as under : - Sr. No. Bank Name Account Number 1 Kotak Mahindra Bank 4646113216 (overdraft) 2 Yes Bank Limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner is in a position to operate the Overdraft Account with the Kotak Mahindra Bank. The Respondents have communicated the Kotak Mahindra Bank in April 2023 to de-freeze the Overdraft Account, a copy of the said letter was produced before us. Therefore, the interim relief sought for by the Petitioner by prayer clause (h) now no more survives. We are only concerned with interim prayer for stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utset, the Respondents have intimated the Kotak Mahindra Bank lifting the provisional attachment order on Overdraft Account and therefore, it cannot be said that the Petitioner's business has come to a standstill. The Petitioner can operate this account for running his business. 7. The Petitioner, in his statement before the Respondents, has admitted that the Input Tax Credit (ITC) has been wrong ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hased the goods, are not in existence and, therefore, there is a question mark whether if at all the goods have been received or not. 9. The Respondents are investigating the entities/persons from whom the Petitioner has purchased the goods and as of today, they have found 14 parties who are fictitious. The amount of alleged ITC and the purchases made by the Petitioner are substantial and which i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that case, the provisional attachment of all the accounts shall stand lifted which shall be subject to the further orders to be passed on this petition. 12. Insofar as the legal issues as raised in the petition in the context of Section 83 of the CGST Act are concerned, we are of the opinion that the petition would require final hearing. Hence, Rule. Respondents waive service. 13. List this p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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