The Court is of the opinion that the interest of the Revenue would still remain substantially protected even if, at present, without going into the merits of the case, the provisional attachment in respect of two bank accounts is removed. Accordingly, the provisional attachment in respect of the bank account is removed.
Section 83 of the CGST Act, 2017 — Provisional Attachment of Bank Accounts —–The petitioner having filed the appeal under section 107 of the Act against the order of assessment and also having paid the amount of pre-deposit as required, the provisional attachment made under section 83 of the said Act cannot be continued. The respondent counsel submitted that section 83 of the Act has been amended and a new section 83 has been substituted in place of the present one by the Finance Act, 2021, however, they still have to verify the date of the notification of the said amendment. The Court observed that the department has attached the movable and immovable properties which include the attachment of two bank accounts and two other immovable properties and the interest of the Revenue would still remain substantially protected even if the provisional attachment in respect of two bank accounts is removed. The petitioner has already deposited the amount of deposit for filing the appeal under section 107 of the said Act.
Held that:- The Hon’ble High Court listed the matter on 30th July 2021 and lifted the provisional attachment in respect of two bank accounts. The provisional attachment in respect of the two immovable properties shall continue.
The Court is of the opinion that the interest of the Revenue would still remain substantially protected even if, at present, without going into the merits of the case, the provisional attachment in respect of two bank accounts is removed. Accordingly, the provisional attachment in respect of the bank account is removed.
Section 83 of the CGST Act, 2017 — Provisional Attachment of Bank Accounts —–The petitioner having filed the appeal under section 107 of the Act against the order of assessment and also having paid the amount of pre-deposit as required, the provisional attachment made under section 83 of the said Act cannot be continued. The respondent counsel submitted that section 83 of the Act has been amended and a new section 83 has been substituted in place of the present one by the Finance Act, 2021, however, they still have to verify the date of the notification of the said amendment. The Court observed that the department has attached the movable and immovable properties which include the attachment of two bank accounts and two other immovable properties and the interest of the Revenue would still remain substantially protected even if the provisional attachment in respect of two bank accounts is removed. The petitioner has already deposited the amount of deposit for filing the appeal under section 107 of the said Act.
Held that:- The Hon’ble High Court listed the matter on 30th July 2021 and lifted the provisional attachment in respect of two bank accounts. The provisional attachment in respect of the two immovable properties shall continue.