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In the present case the order of attachment was passed more than a year back and would therefore be ceased to be effective upon completion of period of one year. By way of interim relief therefore it is provided that the provisional attachment order stands stayed.

Section 83 of the CGST Act, 2017 — Provisional Attachment of Bank Accounts – The petitioner challenged the order dated 03.12.2020 for provisional attachment under Section 83 of the Act. The counsel for the petitioner submitted that in terms of sub-section (2) of Section 83 such provisional attachment cannot survive beyond a period of one year. The court placed its reliance on the  judgment of the Supreme Court dated 20.04.2021 in Civil Appeal No.1155/2021- M/s Radha Krishan Industries Vs. State of Himachal Pradesh and Ors. and observed that the order of attachment was passed more than a year back and would therefore be ceased to be effective upon completion of period of one year.

Held that:- The Hon’ble High Court by way of interim relief stayed the provisional attachment order and listed the matter on 22.03.2022.

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