Search Results for "Provisional attachment"

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Search Results for "Provisional attachment"

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High Court

Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

17 Jan 2020

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

High Court

Bombay High Court Quashes GST Attachment Order for Violation of Natural Justice — Provisional Attachment Under Section 83 of MGST Act Set Aside as No Prior Notice or Hearing Given

16 Apr 2024

The petitioner, Prasanna Karunakar Shetty, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

High Court

Bombay High Court Allows Writ Petitions Challenging Provisional Attachment of Bank Accounts Under Section 83 of CGST Act, 2017 — Orders of Attachment Quashed for Non-Compliance with Mandatory Conditions. The court held that provisional attachment requires pendency of proceedings under specified sections and formation of opinion by Commissioner with recorded reasons, and that the order disposing objections under Rule 159(5) is not appealable.

30 Jun 2023

The Bombay High Court dealt with three writ petitions challenging the provisional attachment of bank accounts under Section 83 of the Central Goods an...

High Court

High Court of Bombay Hears Challenge to Provisional Attachment of Cash Credit Account Under Section 83 of MGST Act; Rule Made Returnable Immediately. Petitioner, a company, had its cash credit account with ICICI Bank provisionally attached under Section 83 of the Maharashtra Goods and Service Tax Act, 2017, and the court directed the matter for further hearing.

10 Jun 2025

The petitioner, Skytech Rolling Mill Pvt. Ltd., filed a writ petition under Article 226 of the Constitution before the High Court of Bombay, challengi...

High Court

High Court of Karnataka Quashes Provisional Attachment Order in PMLA Case Due to Lack of Authorisation — Officer Not Empowered as Deputy Director Under PML Act, 2002. The court held that an officer designated as Deputy Director by internal office order without gazette notification is not competent to issue attachment orders under Section 48 of PMLA, 2002.

3 Jan 2022

The petitioners, including individuals and a company, challenged a provisional attachment order dated 28.09.2021 issued by the Deputy Director, Enforc...

High Court

Bombay High Court Dismisses Appeals Against Attachment of Properties Under PMLA, 2002 — Confirms Provisional Attachment Orders for Alleged Money Laundering in Hawala Transactions. The court held that the properties attached were proceeds of crime derived from scheduled offences under the Prevention of Money Laundering Act, 2002, Section 5(1).

5 Aug 2010

The judgment pertains to three appeals filed by Radha Mohan Lakhotia, Radha Mohan Lakhotia (HUF), and Mrs. Asha Lakhotia against the order of the Appe...

High Court

High Court of Bombay Orders De Novo Consideration of Provisional Attachment Revocation in GST Misclassification Dispute; Commissioner's Order Suffers from Lack of Application of Mind and Breach of Natural Justice.

24 Sep 2021

Background: The petitioner, a private limited company registered under the Companies Act, 1956 and a registered MSME unit engaged in production of che...

High Court

High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor.

10 Jun 2024

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the ...

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