Case Law Details
Formative Tex Fab Vs State of Gujarat (Gujarat High Court)
Appellant pointed out that the order of provisional attachment is specifically confined to the cash credit account only and not to the other accounts including the fixed deposits referred to above in the chart. He submits that as the PAN Card number is common, no sooner the authority concerned instructed the bank to provisionally attached the cash credit account, then the Bank, on its own, freezed all other accounts. His principal argument is that even otherwise, the cash credit account cannot be attached provisionally by virtue of power under Section 83 of the Act.
Held by High Court
We are of the view that the provisional attachment of the cash credit account bearing No.510044021166 maintained with the Kotak Bank is not sustainable in law. The law in this regard is no longer res integra. In such circumstances, we quash and set aside the order of provisional attachment dated 23rd September 2020 passed in the Form GST DRC – 22 annexed at page : 51A of the writ application.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
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