Legality and validity of the Provisional attachment of all Bank ...

Provisional Bank Account Attachment Not Automatic u/s 83; Discretionary Power Requires Prior Attempts on Other Properties.

December 26, 2020

Case Laws GST HC

Legality and validity of the Provisional attachment of all Bank Accounts - misclassification of products - Merely because there is a proceeding under section 67 would not mean that recourse to such a drastic power as under section 83 would be an automatic consequence, more so when petitioner has cooperated with the investigation. That apart, section 83 speaks of provisional attachment of any property including bank account. The record is silent as to whether any attempt has been made for provisional attachment of any property of the petitioner and instead why the bank accounts should be attached. Besides, by use of the word “may” in sub-section (1) of section 83 Parliament has made it quite clear that exercise of such a power is discretionary.- HC

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Legality and validity of the Provisional attachment of all Bank ...

Provisional Bank Account Attachment Not Automatic u/s 83; Discretionary Power Requires Prior Attempts on Other Properties.

December 26, 2020

Case Laws GST HC

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