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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST update No 285 on arbitrary attachment without tangible material

GST update No 285 on arbitrary attachment without tangible material
It is very well-known fact that law prescribed in the statue books and law in its practical application is very different. The revenue authorities often exercise their discretionary powers without adhering to the stipulations stated in the Statue which have far-reaching consequences. At times, due to irrational exercise of powers, the assessees are left with no other option but to knock the doors of courts. Apex Court in the case of RADHA KRISHNA INDUSTRIES V/S STATE OF H.P. has held that the provisions contained in section 83 of the CGST Act, 2017 can be invoked only if it is pre-judicial to the interest of revenue. On similar lines, issue regarding validity of the attachment was challenged before hon’ble Allahabad High Court in the case of VARUN GUPTA V/S UNION OF INDIA. The decision delivered in this case is subject matter of discussion of our present update.
The petitioner is a proprietorship firm that is engaged in manufacturing of plastic granules and its compounding. The bank account of the petitioner was attached in accordance with the Section 83 of CGST Act, 2017. The revenue authorities passed the attachment order and directed the bank that no operations shall be made by the department without taking any permission in this respect. It was submitted by the petitioner that as on the date of attachment no proceedings under Section 74 of CGST Act, 2017 was initiated. This was further admitted by the counsel of revenue as well.
The Court placed reliance on the decision of Apex Court in the case of RADHA KRISHNA INDUSTRIES V/S STATE OF HIMACHAL PRADESH AND OTHERS wherein it was concluded that provisional attachment can be done only in cases where it is necessary to protect the interest of revenue. Further, there should be existence of reason to believe and thus the formation of opinion must be based on strong tangible material. Moreover, the Court referred to the amended provisions of Section 83 of the CGST Act, 2017wherein following are essential ingredients to invoke the said Section:
• Commissioner is of the opinion that attachment of property is required
• Purpose of attachment is to protect the interest of revenue
• It is necessary to invoke the provision
• The order is passed in writing
• The proceedings under section 74 of CGST Act, 2017 have been initiated against the assessee.
Therefore, it was held that each of the above stated components are integral and vital to exercise the power of attachment. The statue has not left it upto the Commissioner to form an opinion as per his discretion. The formed opinion must bear a nexus with protection of interest of revenue. Further, it was held that the attachment is not to be undertaken merely because it is expedient to do so but because it is necessary to do so, without which the basic intention of legislature will be defeated. Hence, there should be existence of tangible material and the above stated components must be applied strictly before initiation of any action under section 83. In the present case, there is absence of these ingredients. Hence, the impugned order is quashed. Further, the revenue authorities while passing the orders neither recorded their opinions nor referred any to any tangible material. Hence, it was concluded that the attachment order is passed in an arbitrary and illegal manner which consequently disregarded the provisions of Section 83 of the Act. Reference was also drawn to the decision of Apex Court in PUNJAB STATE POWER CORPORATION LTD. V/S ATMA SINGH GREWAL wherein it was stated that when the discretionary power is exercised in arbitrary manner, the cost should be imposed on the officers concerned. Hence, a cost of Rs. 50,000 was imposed on the respondent in the present case.
The above decision is silver lining in the clouds for the trade and industry. The legislature in its wisdom has provided a shield in form of safeguards as a pre-condition for invoking drastic powers of attachment which is also backed by various Judicial Precedents. Reference may be made to the decision rendered by the hon’ble Gujarat High Court in the case of VALERIUS INDUSTRIES V/S UNION OF INDIA, PATRAN STEEL ROLLING MILL COMMR OF STATE TAX. The CBIC also issued guidelines in this regard vide Circular No. 20/16/05/2021-GST/359 dated 23.02.2021. Further, it is pertinent tomention here that there had been various amendments vide Finance Act, 2021, in the provisions of Section 83 wherein the first and foremost change was the word “pendency” of proceedings shall be replaced by “initiation” of proceedings. Hence, from the above discussion it is crystal clear that draconian powers like these should be invoked only after exercising due-diligence and should be subject to judicial review if challenged on the grounds of arbitrariness. On the other hand, the revenue authorities should also follow these binding pronouncements to avoid any unnecessary litigations.
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