Provisional attachment of bank account - Expiry of one year from ...

Court Orders Tax Authorities to Correct Overreach in Provisional Bank Account Attachments Beyond Statutory Limits.

May 8, 2024

Case Laws     GST     HC

Provisional attachment of bank account - Expiry of one year from the date of the order of attachment - The court noted that despite the statutory provision clearly specifying the expiry of provisional attachment after one year, such errors by revenue authorities in allowing attachments to continue beyond the prescribed period were becoming common. The court highlighted the unnecessary burden placed on petitioners who are compelled to approach the court for relief due to the revenue authorities' failure to adhere to statutory timelines. - Consequently, the High court directed the Central Board of Indirect Taxes and Customs to take corrective and necessary action to prevent similar errors in the future. Additionally, recognizing the similarity of issues under both the Central Act and the State Act, the court directed the learned Additional Chief Standing Counsel for the State to communicate the order to the Commissioner, Commercial Tax, for notice and remedial action.

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