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Tag: bank account attachment

ArticleGST Article

SC issues Notice on Sealing of Business Premises u/s 67(4) and Bank Account Attachment u/s 83 under GST and Calls for De-sealing Instructions

byCA Bimal Jain31/05/202631/05/2026

The Hon’ble Supreme Court of India in M/s Murliwala Pigment v. Union of India & Ors. [Special Leave Petition (C) No. 17943 of 2026 dated May 21, 2026] issued notice on the Special Leave Petition (“the SLP”) filed against the…

ArticleGST Article

Provisional attachment in GST ceases after one year and re-issuance is ultra vires on same grounds

byCA Bimal Jain23/08/202523/08/2025

The Hon’ble Supreme Court in the case of Kesari Nandan Mobile held that a provisional attachment under Section 83 CGST Act, 2017 ceases by operation of law after one year and cannot be renewed or reissued on substantially the same grounds without disposing representations, absent express statutory authority.

custom instruction

Instruction No.19/2024-Customs dated 22.07.2024

byAdmin26/08/202426/08/2024

CBIC issued Instruction no. 19/2024 – Customs dated 22.07.2024 regarding Provisional attachment of bank account(s) – Section 110 (5) of Customs Act, 1962.

customs in media

Don’t attach bank accounts in customs violation cases in mechanical manner: CBIC to field offices

byAdmin30/07/202426/08/2024

The Central Board of Indirect Taxes and Customs (CBIC) has said the power to attach bank accounts in customs violation cases should be exercised after careful examination of facts and not in a mechanical manner. In an instruction to field formations, the CBIC said in cases where bank accounts have been attached, the investigation and adjudication should be completed at the earliest.

GST Article

Section 73: HC set-aside attachment order over SCN and notice issued in improper manner

byAdv Minakshi Jain11/07/202426/08/2024

The case revolves around a challenge to the Show Cause Notice (SCN) and the adjudication order, particularly regarding the attachment of the petitioner’s bank account. The primary issues in this case pertain to the principles of natural justice, the service of notice, and the petitioner’s opportunity to respond to the SCN.

GST in Media

Madras varsity staff may not get salary as I-T deducts Rs 12.5 crore from frozen bank accounts

byAdmin23/02/202423/02/2024

The University of Madras may not be able to pay salaries of teachers and other officials at the end of this month as the Income Tax department has deducted Rs 12.5 crore from the frozen accounts of the institution, said…

GST Article

PROVISIONAL ATTACHMENT OF BANK ACCOUNT IS A DRACONIAN STEP

byRamesh Jena05/09/202303/03/2024

Provisional attachment of property including Bank account of a taxable person to protect Government revenue in certain cases has been prescribed under Section 83 of the CGST Act, 2017 read with Rule 159 of the CGST Rules, 2017. The adjudicating…

GST ArticleHigh Court

Provisional attachment of bank account is to be lifted up after one year

byCA Bimal Jain08/07/202308/07/2023

The Hon’ble Bombay High Court in Bharat Parihar v. State of Maharashtra Thr. PP Office and Ors. set aside the provisional attachment order and held that the provisional attachment order is not valid after one year.

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