Case Law Details
VKS Industries Vs Commissioner, Central Excise And CGST (Delhi High Court)
It is not disputed that the provisional attachment order dated 06.02.2020 was passed in exercise of powers under Section 83 of the CGST Act. In terms of Sub-section (2) of Section 83 of the CGST Act, the provisional attachment would cease to have any effect after the expiry of the period of one year from the date of the said order. Thus, in terms of Section 83(2) of the CGST Act, the provisional attachment order dated 06.02.2020 ceased to be operative after 06.02.2021.
HC held that “We are unable to accept that the provisional attachment can be extended. However, even if it is assumed that the same can be – which we do not – there is no order extending the same.”
HC further held that “Axis Bank shall, if there is no other order by any other authority freezing the petitioner’s bank account, on the strength of this order, permit the petitioner to operate the Bank Account in question.”
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
