Dharmesh Gandhi Versus Assistant Commissioner (Anti-Evasion), CGST & Central Excise, Belapur Commissionerate & Ors

Court: Bombay High Court
Head Notes:

Sub:Whether bank account of family member and/or Joint can be attached under the CGST Act
Forum-Bombay High Court
Date- 10th March 2021
Citation-Dharmesh Gandhi Versus Assistant Commissioner (Anti-Evasion),
CGST & Central Excise, Belapur Commissionerate & Ors

The division bench of Bombay High court in the above case was dealing with attachment of nine bank account held in the name of appellant, his proprietorship firm and family members in pursuance of Section 83 of CGST Act. The court noted that the property including the bank account liable to or which has been provisionally attached must belong to the taxable person. ‘Taxable person’ has been defined in section 2(107) of the CGST Act to mean a person who is registered or is liable to be registered under sections 22 or 24 of the CGST Act. The court also noted that the joint account with the minor son and wife were also attached and there was no allegation in the petition that the said joint account has been funded with the money belonging to the appellant or his proprietorship firm. On these facts the court held the attachment of these family and joint accounts to be invalid upholding the other attachments.

Ramesh Patodia
12-03-2021

Law:
Section(s): Section 22, 24 and 83 of the CGST Act
Counsel(s): Counsel
Dowload Pdf File Click here to download the file in pdf format
Uploaded By CA Ramesh Patodia
Date of upload: March 12, 2021

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