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GST - Highlights / Catch Notes

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Provisional attachment of Bank Accounts - lack of application of ...


Court Orders Reconsideration of Provisional Bank Account Attachment Due to Lack of Justification by Commissioner.

September 25, 2021

Case Laws     GST     HC

Provisional attachment of Bank Accounts - lack of application of mind - In the event, the Commissioner refuses to lift the orders of provisional attachment once again, appropriate reasons shall be assigned. - The grounds on which the judicial review is available are well established. Non-consideration of relevant materials and consideration of extraneous matters together with non-access of the part affected to materials relied on in reaching conclusions, if substantiated, would provide sufficient ground for judicial review. In the present case, the provisional order dated May 21, 2021 is unsustainable - the Commissioner is directed to de novo consider the objection of the petitioner - HC

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