GOISU REALTY PVT. LTD. v. STATE OF MAHARASHTRA & ORS. – BOMBAY HIGH COURT
High Court, Bombay
B.P Colabawalla, Justice & Firdosh P. Pooniwalla, Justice
GOISU REALTY PVT. LTD.
v.
STATE OF MAHARASHTRA & ORS.
WRIT PETITION (L) No. 3275 of 2025 dated 31.01.2025
Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Relevant Section : Section 17 & 83
Decision : In favour of assessee
Provisional Attachment – Petitoner has availed in-eligible Input Tax Credit U/s 17(5) (d) of MGST Act, 2017 – Bank account of petitioner attached – The exercise of power for ordering a provisional attachment must be preceded by formation of opinion of Commissioner that it is necessary to do for purpose of protecting interest of revenue – Material available to form an opinion to exercise powers under Section 83 are nowhere mentioned on record – HELD: Writ Petition disposed – Impugned order set aside and bank account to be unfrozen immediately – Regarding the utilization of input tax credit, if petitioner is going to utilize the input tax credit, it will intimate department three months in advance in that regard.
Represented by:
Counsel for the Petitioner: V. Sridharan, Senior Advocate a/w Aditi Jain.
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