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GST - Highlights / Catch Notes

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Provisional Attachment of Bank Accounts - Section 83 does not ...


Court Rules Bank Account Attachment u/s 83 MGST Act Unauthorized; Alternative Remedies Don't Bar Writ Relief.

April 2, 2021

Case Laws     GST     HC

Provisional Attachment of Bank Accounts - Section 83 does not provide for such delegation or authorization - Attachment of property including bank account of a person even if provisional is a serious intrusion into the private space of a person. Therefore, section 83 of the MGST Act has to be strictly interpreted - Since the impugned attachment of bank account has been found to be without jurisdiction, availability of alternative remedy in the form of fling objection under rule 159(5) of the MGST Rules would be no bar to the petitioner from seeking relief under writ jurisdiction. - HC

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