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HomeGSTProvisional Attachment Under GST Can’t Operate Beyond 12 Months: Delhi High Court

Provisional Attachment Under GST Can’t Operate Beyond 12 Months: Delhi High Court

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The Delhi High Court has held that the provisional attachment made with reference to powers conferred by Section 83 of the Central Goods and Service Tax Act, 2017 cannot operate beyond a period of twelve months.

The bench of Justices Yashwant Varma and Ravinder Dudeja found that since the one-year limitation period had lapsed, the attachment was no longer valid.

The writ petitioner has challenged the communication dated 03 April, 2023 pursuant to which the GST department has issued debit freeze orders.

As per Section 83 of the Central Goods and Service Tax Act, 2017 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.]  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).

The court held that the order of attachment cannot continue in law.

Case Details

Case Title: Glacier Merchants Versus Principal Commissioner Of Goods And Service Tax & Anr.

Case No.: W.P.(C) 2337/2025

Date: 24/02/2025

Counsel For Petitioner: Mayank Gupta

Counsel For Respondent: Atul Tripathi

Read More: Retrospective Pre-Deposit Mandate Under Central Excise Act Shakes Pending Cases: Calcutta High Court

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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