The Division bench comprising of Justice Shekhar B. Saraf and Justice Manjive Shukla in the case observed that the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for four to five years without giving any fresh reason for the said provisional attachment. If the same was allowed, the Sub-section 2 of Section 83 of the Central Goods and Service Tax Act, 2017 would become otiose and have no relevance whatsoever. The section 83(1) of the Central Goods and Service Tax Act, CGST 2017 allows the Commissioner to provisionally attach any property, which includes a bank account, if they believe it is necessary to protect government revenue during the pendency of proceedings under section 62, section 63, section 64, section 67, section 73, or section 74. The said attachement must be done through a written order.
The section 83(2) of the Central Goods and Service Tax Act, 2017 imposes a time limit on the provisional attachment. It specifies that the provisional attachment will automatically cease to have effect after the expiry of one year from the date of the order.
FACTS OF THE CASE:
This story is from the September 18, 2024 edition of The Business Guardian.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the September 18, 2024 edition of The Business Guardian.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
KASHMIR'S BLACK DAY: HOLOCAUST OF 19TH JANUARY, 1990
A carefully drawn-out strategy and plan of ethno-religious cleansing of Kashmiri Pandits by the armed insurgents is today scattered, devastated and disintegrated
Why Disaster Preparedness Still Falling Short
Despite years of significant investments in disaster preparedness, many vulnerabilities still persist, especially in Low and Middle-Income Countries (LMICs). This ongoing challenge is driven by several factors that require closer examination.
BJP Is Frustrated, Fearing Their Defeat: Satyendar Jain
Satyendar Jain, the AAP candidate from the Shakur Basti assembly seat, on Sunday criticised the BJP, accusing them of orchestrating attacks out of fear of losing the upcoming Delhi Assembly election.
Punjab and Haryana High Court rejects pre-arrest bail of man accused of taking Rs 10 cr for providing Lt Governor post
The Punjab and Haryana High Court in the case Dabir Singh v State of Haryana observed and has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a \"very negative message\" to the public.
PM Modi to address BJP booth workers on January 22
Prime Minister Narendra Modi will engage with Bharatiya Janata Party booth-level workers in the national capital through the Namo application as part of the party's campaigning in the run-up to the Delhi Assembly elections.
The Forest Man is transforming a city's air quality
Viral Desai, the Green Man, has been instrumental in creating seven urban forests in and around Surat city over the past five years.
FRAGILE STABILITY: GAZA AID AMID TENSE TRUCE
The ceasefire deal between Israel and Hamas marks a fragile stability, addressing immediate needs
SBI LIFE INSURANCE POSTS 12% GROWTH IN PREMIUM AND RS.1,600 CRORE PROFIT FOR 2024
SBI Life Insurance registers New Business Premium of Rs.26,256 crores for the period ended on 31st December, 2024
NIXI LAUNCHES INTERNET GOVERNANCE INTERNSHIP AND CAPACITY BUILDING SCHEME
NIXI launches Internet Governance Internship to build expertise in internet governance among Indian citizens.
BANGLADESH'S TURMOIL: A VOLATILE MIX OF AGENDAS
The political upheaval in Bangladesh that erupted with the ouster of Prime Minister Sheikh Hasina in August 2024 has plunged the nation into turmoil.