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GST - Highlights / Catch Notes

Home Highlights May 2023 Year 2023 This

Provisional attachment of petitioner's Bank Accounts - ...


Court Overturns Bank Account Attachment; Insufficient Grounds u/s 83 CGST Act for Alleged ITC Fraud by Dummy Company Suspect.

May 20, 2023

Case Laws     GST     HC

Provisional attachment of petitioner's Bank Accounts - fraudulent transfer of Input Tax Credit (ITC) - Mere suspicion that the petitioner is a dummy company, which is founded on the basis of statements that one of the directors of the petitioner company was, or is an employee of Third Party, and is in complete disregard of the corporate documents of the petitioner, would clearly fall foul of the requirement of forming an opinion, as it does not meet the standards required for taking an action u/s 83 of the CGST Act. - The attachment order is set aside. - HC

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