HC quashed provisional attachment order under Section 83 of CGST ...

Provisional Attachment Order Under Section 83 CGST Act Invalidated Due To Lack Of Reasoning And Necessity

February 12, 2025

Case Laws GST HC

HC quashed provisional attachment order under Section 83 of CGST Act, finding it legally deficient on multiple grounds. The order lacked tangible material justifying attachment necessity, failed to disclose substantive reasons beyond mere statutory reproduction, and showed no application of mind regarding jurisdictional elements. While Section 83 permits immediate action without pre-decisional hearing to protect revenue interests, it does not dispense with the requirement to provide reasoning. The Court rejected respondent's technical arguments about form limitations, emphasizing that fundamental principles of reasoned decision-making cannot be sacrificed for expediency. The attachment was invalidated for failing to demonstrate necessity through proper reasoning and for not considering less restrictive alternatives.

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HC quashed provisional attachment order under Section 83 of CGST ...

Provisional Attachment Order Under Section 83 CGST Act Invalidated Due To Lack Of Reasoning And Necessity

February 12, 2025

Case Laws GST HC

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