Shikha Goel (Proprietor Of M/S A.S. Foods) v. The Commissioner Cgst Delhi-East Commissionerate & ANR.

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3696/2022 & C.M.No.10967/2022 ANUJ GOEL (PROPRIETOR OF M/S GOEL TRADING COMPANY) ..... Petitioner Through Mr.Keshav Kumar Verma with Mr.Yogesh Goel, Advocates.

versus THE COMMISSIONER CGST DELHI EAST COMMISSIONERATE & ANR.

..... Respondents Through Mr.Harpreet Singh, SSC for GST with Ms.Suhani Mathur, Advocate.

Mr.Tushar Sahu, Advocate for R2/HDFC Bank.

+ W.P.(C) 3697/2022 & C.M.No.10970/2022 SHIKHA GOEL (PROPRIETOR OF M/S A.S. FOODS) ..... Petitioner Through Mr.Keshav Kumar Verma with Mr.Yogesh Goel, Advocates.

versus THE COMMISSIONER CGST DELHI-EAST COMMISSIONERATE & ANR.

..... Respondents Through Mr.Harpreet Singh, SSC for GST with Ms.Suhani Mathur, Advocate.

Mr.Tushar Sahu, Advocate for R2/HDFC Bank.

W.P.(C) Nos.3696/2022 & 3697/2022 Page 1 of 3

% Date of Decision: 08th March, 2022

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T

MANMOHAN, J (Oral) :

1.

Present writ petitions have been filed seeking directions to the Respondents to release/de-freeze the bank accounts of the Petitioners that had been provisionally attached by the Respondents vide orders dated th September, 2020 and 11th September, 2020.

2.

On the last date of hearing, learned counsel for the Respondents had sought time to obtain instructions.

3.

Today Mr.Harpreet Singh, learned standing counsel for the Respondent states that no fresh DRC-22 notices have been issued against the Petitioners. He also clarifies that the State GST has issued notices under Section 74 of the Delhi GST Act to the Petitioners. 4.

Admittedly, after issuance of the impugned orders/letters, no fresh attachment order has been issued to the Petitioners. According to Section 83(2) of the CGST Act, every provisional attachment order ceases to have effect after the expiry of one year from the date the order was passed under Section 83(1) of the CGST Act. Consequently, the impugned provisional attachment order/letter is no longer effective. W.P.(C) Nos.3696/2022 & 3697/2022 Page 2 of 3

5.

Accordingly, this Court directs the Respondents to defreeze the bank accounts of the Petitioners not later than three days from today. With the aforesaid directions, the present writ petitions along with pending applications stand disposed of.

MANMOHAN, J SUDHIR KUMAR JAIN, J MARCH 08, 2022 KA W.P.(C) Nos.3696/2022 & 3697/2022 Page 3 of 3