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PATIL CONSTRUCTION & INFRASTRUCTURE LTD. vs. THE COMMISSIONER OF STATE TAX & OTHERS
(Bombay High Court)

Hon'ble Judges:

B.P. COLABAWALLA
SOMASEKHAR SUNDARESAN
Pet. Counsel
Deepak Bapat
Sonali Bapat
Pragati Khaire
Res. Counsel
S.d. Vyas
P.n. Diwan

Petitioner / Applicant

PATIL CONSTRUCTION & INFRASTRUCTURE LTD.
Respondent THE COMMISSIONER OF STATE TAX & OTHERS
Court Bombay High Court
State

Maharashtra

Date May 2, 2024
Order No.

WRIT PETITION NO. 6278 OF 2024 WITH WRIT PETITION NO. 6279 OF 2024 WRIT PETITION NO. 6280 OF 2024

Citation

2024(5) TAXREPLY 9693
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ORDER

P. C. 1. The above Writ Petitions are filed seeking quashing of impugned orders in FORM GST DRC-22 dated 5th April 2024 (Exhibit-A to the Petition). These attachment orders at Exhibit A have been issued pursuant to an attachment order passed by the GST Authorities under Section 83 of the Maharashtra Goods and Services Tax Act, 2017 (“MGST Act”), read with Central Goods and Services Tax Act, 2017 (“CGST Act”) read with Rule 159 of the Central Goods and Services Tax (CGST) Rules, 2017 (“CGST Rules”). The order passed under Section 83 (which is at Exhibit B) sets out the liability that is provisionally determined on investigation that is carried out and also records the tax paid. Thereafter in Paragraph 4, it is stated that since the Petitioner has failed to discharge the liability without any justification, the Joint Commissioner of State Tax-II, Pune Division, Pune is of the opinion that there is every chance that ....

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