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GEHNA TRADING LLP AND DNB MULTITRADE INDIA PVT. LTD. vs. UNION OF INDIA AND ORS.
(Bombay High Court)

Hon'ble Judges:

NITIN JAMDAR
M.S. KARNIK
Pet. Counsel
Brijesh Pathak
Res. Counsel
J.b. Mishra

Petitioner / Applicant

GEHNA TRADING LLP AND DNB MULTITRADE INDIA PVT. LTD.

Respondent UNION OF INDIA AND ORS.
Court Bombay High Court
State

Maharashtra

Date Jan 30, 2020
Order No.

WRIT PETITION NO. 167 OF 2020 and WRIT PETITION NO. 168 OF 2020

Citation

2020(1) TAXREPLY 1379
Original Order
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ORDER

By this Petition the Petitioner has challenged the action of the Respondents in provisionally attaching the bank account of the Petitioner. 2. On 6 December 2019 the Deputy Commissioner, Central Goods and Service Tax (CGST) informed the Branch Manager where the Petitioner holds a bank account that in view of the proceedings filed against one Yusuf Fauzdar Shaikh, proprietor of M/s. Fashion Creations, proceedings have been launched against the said taxable person and the Respondents were of the belief that amounts were being transferred to various persons, including the Petitioner. Hence, a direction was issued to the bank not to allow any debit. 3. Though the order does not refer to any provision of law, the learned Counsel for the Petitioner points out that the power for provisionally attaching the bank account is under Section 83 of the Central Goods and Services Tax (CGST) Act, 2017. The learned Counsel for the Petitioner submitted that there are no proceedings under Sect....

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