The petitioner is allowed to operate the bank accounts over and above the amount of Rs. 78.91 crores
Section 83 of the CGST Act, 2017 – Provisional Attachment of Bank Accounts –-- The petitioner challenged two communications both dated 18th March, 2021 issued by the respondent (DGGI) provisionally attaching petitioner’s bank accounts. The petitioner counsel submitted that a very drastic order has been passed affecting the petitioner severely as they have a staff of about 800-1000 employees. The respondent counsel submitted that action has been taken pursuant to section 83 and the Petitioner has remedy under Rule 159(5) to object to the orders. He submitted that huge revenue to the tune of Rs. 78.91 crores is at stake in the matter which the petitioner does not intend to bear. The counsel for the petitioner submitted that petitioner would secure revenue’s concern of Rs. 78.91 crores by depositing additional amount in attached/frozen bank accounts and the bank accounts to remain attached/frozen to the extent of Rs. 78.91 crores and petitioner may be allowed to operate the bank accounts over and above the amount of Rs. 78.91 crores over the concerns expressed by the petitioner. The revenue has no particular objection on aforesaid arrangement as long as the revenue interest is secured.
Held that:- The Hon’ble High Court accepted the statements made on behalf of the parties.