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Case Law Details

Case Name : J.L. Enterprises Vs Assistant Commissioner State Tax (High Court Calcutta)
Appeal Number : MAT 1001 of 2023
Date of Judgement/Order : 16/06/2023
Related Assessment Year :
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J.L. Enterprises Vs Assistant Commissioner State Tax (High Court Calcutta)

In a significant judgement, the Calcutta High Court has held that cash credit accounts cannot be provisionally attached under the Goods and Services Tax (GST) regime. The case of J.L. Enterprises Vs Assistant Commissioner State Tax dealt with the critical question of whether an order of provisional attachment could be made to a cash credit account, providing clarification on the issue.

Analysis: The court highlighted the importance of interpreting the rules of the Central Goods and Services Tax Act 2017 correctly. The ruling stressed that the power conferred under Section 83 of the Act should be used sparingly and with extreme care, further emphasizing the necessity of avoiding detrimental impact on businesses. This decision aligns with other judgments, stressing the significance of protecting businesses while also safeguarding the interests of the revenue. Additionally, the court stated that the provisional attachment should not equate to attachment during recovery proceedings, suggesting that such a move should be a last resort.

Conclusion: This verdict by the Calcutta High Court brings significant relief to businesses and has the potential to influence the handling of similar cases in the future. It’s a clear sign that the courts are committed to ensuring the protection of business interests while balancing the need to secure tax revenues. However, this decision does not prevent the tax department from initiating other proceedings as per law, suggesting that businesses must remain compliant with GST regulations.

FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT

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Author Bio

Mr.Kapil Goel B.Com(H) FCA LLB, Advocate Delhi High Court advocatekapilgoel@gmail.com, 9910272804 Mr Goel is a bachelor of commerce from Delhi University (2003) and is a Law Graduate from Merrut University (2006) and Fellow member of ICAI (Nov 2004). At present, he is practicing as an Advocate View Full Profile

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