Satisfaction to be recorded before passing order of attachment of Assets under GST
Shanti Prime Publication Pvt. Ltd.
Attachment order — In the instant case, The Assessee Company is engaged in manufacturing & supplying TMT bars and paid GST on the same. The Revenue visited the Assessee's factory & compared stock of raw material & finished goods with recorded quantity of the same. Investigation at the end of the transporters revealed that the Assessee supplied & received goods without payment of tax. The Assessee was also compelled to give postdated cheques towards payment. Later the Revenue passed an order of attachment against the stock found to be in excess. Several bank accounts operated by the Assessee & its executives were also attached - The Assessee claimed that the attachment of the bank accounts had crippled the day-to-day activities of the Assessee & was impeding upon its ability to pay taxes.
Held that—As per mandate of Section 83(1) of the GGST Act, the Commissioner must record written reasons before attaching any property or bank accounts or taking any such drastic action. Besides, the Commissioner must record satisfaction that such action was justified so as to protect the Revenue's interests. In the present case, the Commr recorded no such satisfaction. Hence no opinion could be formed to validate the provisional attachment of property. Hence the attachment order is unsustainable. — Patran Steel Rolling Mill Vs. Assistant Commissioner of State Tax, Unit 2 [2018] 7 TAXLOK.COM 048 (Gujarat)
Satisfaction to be recorded before passing order of attachment of Assets under GST
Shanti Prime Publication Pvt. Ltd.
Attachment order — In the instant case, The Assessee Company is engaged in manufacturing & supplying TMT bars and paid GST on the same. The Revenue visited the Assessee's factory & compared stock of raw material & finished goods with recorded quantity of the same. Investigation at the end of the transporters revealed that the Assessee supplied & received goods without payment of tax. The Assessee was also compelled to give postdated cheques towards payment. Later the Revenue passed an order of attachment against the stock found to be in excess. Several bank accounts operated by the Assessee & its executives were also attached - The Assessee claimed that the attachment of the bank accounts had crippled the day-to-day activities of the Assessee & was impeding upon its ability to pay taxes.
Held that—As per mandate of Section 83(1) of the GGST Act, the Commissioner must record written reasons before attaching any property or bank accounts or taking any such drastic action. Besides, the Commissioner must record satisfaction that such action was justified so as to protect the Revenue's interests. In the present case, the Commr recorded no such satisfaction. Hence no opinion could be formed to validate the provisional attachment of property. Hence the attachment order is unsustainable. — Patran Steel Rolling Mill Vs. Assistant Commissioner of State Tax, Unit 2 [2018] 7 TAXLOK.COM 048 (Gujarat)
- Jun 30, 2025
Due Date - GST - Jun 30, 2025
Due Date - IT - Jun 29, 2025
Due Date - IT - Jun 25, 2025
Due Date - GST - Jun 20, 2025
Due Date - GST - Jun 19, 2025
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Advisory to file pending returns before expiry of three years - Jun 16, 2025
Introduction of Enhanced Inter-operable Services Between E-Way Bill Portals - Jun 15, 2025
Due Date - IT - Jun 14, 2025
Due Date - IT - Jun 13, 2025
Due Date - GST - Jun 12, 2025
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Due Date - GST - Jun 10, 2025
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Due Date - GST - Jun 09, 2025
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Barring of GST Return on expiry of three years - Jun 07, 2025
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Due Date - IT - May 31, 2025
Due Date - IT - May 30, 2025
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Due Date - GST
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Donation to Political Parties-Department View - Jun 17, 2025
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TCS on Remittences Outside India With Recent Changes - Jun 04, 2025
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Condonation In Filing Appeal- Remedy In Case of Delay - May 22, 2025
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Block Credit Under GST With Important Case Laws - Apr 14, 2025
Different Income Tax Forms For Filing Income Tax Return - Apr 07, 2025
TAX PLANNING BY SALARIED ASSESSES - Apr 01, 2025
Penalty on Underreporting and misreporting of income - Mar 22, 2025
Disallowance of Outstanding Payment to MSME - Clear Before 31st March - Mar 19, 2025
GST on Second Hand Goods - Special Emphasis on Used Cars - Mar 19, 2025
Capital Gain on Sale of Equity Shares - Mar 01, 2025
Key Highlights of Finance Bill, 2025 - Mar 01, 2025
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