Darshan Comtrade Pvt Ltd v. Principal Chief Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No. 1132 of 2020 and WMP.Nos.1372 & 1377 of 2020 Darshan Comtrade Pvt Ltd.
Rep. by its Managing Director:
Akshardham 3/5, Gengu Reddy Road Egmore, Chennai 600008.
...Petitioner
Vs.
1.Principal Chief Commissioner of GST and Central Excise 26/1, Uthamar Gandhi Road Thousand Lights, West Nungmabakkam Chennai, Tamil Nadu 600034.
2.Addl. Director General of Goods and Services Tax Directorate General of Goods and Services Tax Southern Regional Unit GST Bhawan, 26/1, Mahatma Gandhi Road 3.Assistant Commissioner GST and Central Excise C Chennai North, Commissionerate, Nungambakkam Division No. 26/1,
4.Superintendent of GST and Central Excise, GST and Central Excise Chennai North, Commissionerate, Nungambakkam Division No.26/1 5.ICICI Bank Ltd.
Rep. by its Branch Manager No.75 Gangadeeshawarar Koil Street Pursawalkam, Chennai 600084.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari calling for the order of 3rd respondent dated 16/09/2019 in Ref.No. IV/06/248/2019 - HPU Gr.IX and quash the same consequently direct the respondents 1 -5 release the petitioners bank account with 5th respondents bank.
For Petitioner : Mr.Adithya Reddy For Respondents : Mr.R.Hemlatha Senior Standing Counsel
ORDER
The prayer of the petitioner is as against an order of the third respondent that is Assistant Commissioner, Goods and Service Tax dated 06.09.2019, which is passed in Form GST DRC-22 attaching the current account of the petitioner in ICICI Bank, Pursawawalkam, Chenai bearing Account No.602505060430.
2. Section 83 of the Central Goods and Service Tax Act, 2017 deals with provisional attachment to protect the interests of the revenue in certain
cases and reads as follows:
83. Provisional attachment to protect revenue in certain cases
(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner as may be prescribed.
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1).
3. The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020. With this, this writ petition has been rendered infructuous.
4. In light of the aforesaid, there is no further embargo on the operation of the bank account and on the petitioner resuming operations in that regard. This writ petition stands disposed with the above observationa. No costs. Connected miscellaneous petitioners are closed. 13.10.2022 Index : Yes/No Speaking Order ska
DR.ANITA SUMANTH,J.
ska To 1.Principal Chief Commissioner of GST and Central Excise 26/1, Uthamar Gandhi Road Thousand Lights, West Nungmabakkam Chennai, Tamil Nadu 600034.
2.Addl. Director General of Goods and Services Tax Directorate General of Goods and Services Tax Southern Regional Unit GST Bhawan, 26/1, Mahatma Gandhi Road 3.Assistant Commissioner GST and Central Excise C Chennai North, Commissionerate, Nungambakkam Division No. 26/1, 4.Superintendent of GST and Central Excise, GST and Central Excise Chennai North, Commissionerate, Nungambakkam Division No.26/1 W.P.No. 1132 of 2020 and WMP.No.1372 & 1377 of 2020 13.10.2022