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THE UNION OF INDIA AND OTHERS vs. ANANDBHAVAN PROPERTIES
(Karnataka High Court)

Hon'ble Judges:

S. SUJATHA
SHIVASHANKAR AMARANNAVAR
Pet. Counsel
Vanitha.k.r
Res. Counsel
Anirudha R.j. Nayak

Petitioner / Applicant

THE UNION OF INDIA AND OTHERS
Respondent ANANDBHAVAN PROPERTIES
Court Karnataka High Court
State

Karnataka

Date Mar 31, 2022
Order No.

W.A.No.3968/2019 (T – RES)

Citation

2022(3) TAXREPLY 5692
Original Order
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ORDER

This intra Court appeal is directed against the order dated 26.09.2019 passed in W.P.No.21494/2019 whereby the writ petition filed by the respondent herein has been allowed setting aside the Annexures-D and E dated 27.08.2018 and 17.10.2018 respectively issued by the office of the Commissioner of Central Tax. 2. The appellants having invoked Section 83 of the Central and Service Tax Act, 2017 [‘Act’ for shot] by issuing provisional attachment notice dated 30.03.2019 [Annexure-L to the writ petition], the respondent – assessee has preferred writ petition contending that the ingredients stated under Section 83 would not attract. The learned Single Judge having examined the proceedings initiated under Section 83 of the Act vis-à-vis the provisions of Section 83 has come to the conclusion that none of the requirements contemplated under Section 83[1] of the Act being satisfactorily found, allowed the writ petition. Hence, this writ petition by the Revenue. ....

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