Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

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.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com