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TMI Blog2025 (2) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... s bank account only an amount of Rs. 70 Lacs will be allowed to be utilized. The debit freeze order will continue for any amount above Rs. 70 Lacs.
Application disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the question of granting prayer clause (a) cannot and does not arise. 4. As far as prayer clause (b), which seeks a refund of Rs. 4 crores, is concerned, the learned Advocate appearing for the Petitioner, on instructions, states that the Petitioner is not pressing for the aforesaid relief and would seek a refund as and when the adjudication is complete and it is found that no amount, or a lesser amount than Rs. 4 crores, is found due and payable by the Petitioner. The said statement is accepted. Hence, relief in terms of prayer clause (b) now does not survive. 5. This leaves us with the Interim Application filed by the Petitioner. In the above Interim Application, the Petitioner has challenged four impugned attachment orders dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner, submitted that he would pursue the applications filed by him under Rule 159 (5) of the CGST/MGST Rules, 2017 but in the interregnum, the authorities be directed to (i) unfreeze the bank account of Petitioner at Serial No. 2 above; and also (ii) unfreeze the account at Serial No. 3 above to the extent of Rs. 70 Lacs. This would, of course, be subject to the applications filed under Rule 159 (5) of the CGST/MGST Rules, 2017. 8. Ms. Chavan, the learned Addl.G.P. appearing for GST Authorities submitted that in the facts of the present case, on investigation, it was found that the Petitioner has availed of ITC of 29.33 crores and taken a refund of the said amount. The modus operandi of the Petitioner was to siphon the ITC from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Counsel appearing for the Petitioner, submitted that the Petitioner is agreeable to the suggestion made by Ms. Chavan. 11. Considering the aforesaid facts and circumstances, we pass the following order:- a. The account No. 02402560000407 [at serial No. 2], in HDFC Bank Limited shall be unfrozen. b. The bank account No. 10072848146 [at serial No. 3], in State Bank of India shall be unfrozen only to the extent of Rs. 70 Lacs. In other words, from this bank account only an amount of Rs. 70 Lacs will be allowed to be utilized. The debit freeze order will continue for any amount above Rs. 70 Lacs. c. As far as the other accounts mentioned in the table above are concerned, no relief is granted and they will abide by the decision render ..... X X X X Extracts X X X X X X X X Extracts X X X X
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