Provisional attachment of the immovable property - residential ...

High Court Quashes Property Attachment Order u/s 83 Due to Lack of Credible Evidence and Legal Malice.

October 19, 2020

Case Laws GST HC

Provisional attachment of the immovable property - residential premises - In the absence of any cogent or credible material, if the subjective satisfaction is arrived at by the authority concerned for the purpose of passing an order of provisional attachment under Section 83 of the Act, then such action amounts to malice in law. - Any use of discretionary power exercised for an unauthorized purpose amounts to malice in law. It is immaterial whether the authority acted in good faith or bad faith. - the relief with regard to the order in Form GST DRC-01A is not granted, whereas the order of provisional attachment of immovable property under Section 83 of the Act is quashed and set aside. - HC

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Provisional attachment of the immovable property - residential ...

High Court Quashes Property Attachment Order u/s 83 Due to Lack of Credible Evidence and Legal Malice.

October 19, 2020

Case Laws GST HC

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