It is clear from the plain language of Section 83(2) of the CGST Act that the operation of an order provisionally attaching the bank account would cease to be operative after the expiry of the statutory period of one year.

The Hon’ble High Court directed the authorities to complete the adjudication proceedings time-bound. Once the proceedings are over, the rights of the parties shall stand crystallized leaving the order of provisional attachment to its own fate.

This petition was filed only on 21st March, 2023, meaning the period for preferring the appeal had expired much prior to filing of this petition.

ADVISORY: MERA BILL MERA ADHIKAAR SCHEME

Advisory for applicants where GST Registration application marked for Biometric-based Aadhaar Authentication

Introducing Electronic Credit Reversal and Reclaimed statement

Advisory: Time limit for Reporting Invoices on the IRP Portal

It appears that the petitioner has not approached the authority, even though the authorities have expressed their view that the conveyance can be released on payment of penalty as per the demand order or after furnishing the bank guarantee of equal amount.

It is the case of the petitioner that for supply of the composite product, the demand is Rs. 26 crores and Rs.20 crores for the subsequent year. It was submitted that the petitioner has already paid about Rs. 28 crores. Therefore, the question of predeposit does not arise as there is no admitted amount.

The manner in which the demand has been raised and quantified is not in consonance with the mandate of Section 74 and thus on the ground alone, impugned appellate orders as well as the adjudicating authority’s orders are liable to be quashed.

The respondents are not precluded from issuing a fresh show cause notice clearly specifying the reasons for proposing cancellation of the petitioner’s GST Registration and to proceed in accordance with law. The petitioner is also not precluded from applying for a cancellation afresh along with all relevant material as required by the respondents.

clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023