High Court, Delhi Rajiv Sahai Endlaw, Justice & Sanjeev Narula, Justice RAMAKRISHNA ELECTRO COMPONENTS PVT. LTD. v. UNION OF INDIA & ANR. W.P.(C) 11180/2020 & CM No. 34884/2020 dated 14.01.2021
High Court, Delhi
Rajiv Sahai Endlaw, Justice & Sanjeev Narula, Justice
RAMAKRISHNA ELECTRO COMPONENTS PVT. LTD.
v.
UNION OF INDIA & ANR.
W.P.(C) 11180/2020 & CM No. 34884/2020 dated 14.01.2021
Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Relevant Section : Section 67
Rule Number : Rule 159
Rule Name : Central Goods & Services Tax Rules, 2017
Decision : In favour of revenue
Writ petition – Reversal of Input Tax Credit – The petitioner sought (i) cancellation of DRC-03 dated 07.10.2020 for ITC reversal, (ii) quashing of proceedings under Section 67 of the CGST Act, (iii) setting aside of the bank account attachment orders dated 21.12.2020, and (iv) return of documents seized during the search – The respondents argued that the writ was not maintainable since an alternative statutory remedy existed under Rule 159(5) for filing objections against attachment orders. The petitioner relied on Pranit Hem Desai v. Addl. Director General (Gujarat HC) to argue maintainability, while the respondents cited Siddharth Mandavia v. UOI (Bombay HC) to oppose it – Held that: The writ petition was dismissed as withdrawn, granting liberty to the petitioner to file objections under Rule 159(5) by 22.01.2021, and directing the Commissioner to decide the same by 22.02.2021 – The petitioner’s ICICI and SBI accounts were to remain attached to the extent of funds existing on the date of attachment, but the petitioner was allowed to avail further overdraft from the SBI account for operational purposes – Clarified that, all issues were kept open, and if the petitioner remained aggrieved by the Commissioner’s order under Rule 159(5), it could pursue remedies in law.
Represented By:
Counsel for the Petitioner: Rajul Jain, Abhinav Beri and Kanchan Sah, Advs.
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