HC Set-aside Attachment of Bank a/c as Major Part of Tax Liability Was Already Recovered From Assessee’s ECL
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
- |
- Last Updated on 7 September, 2024
Latest from Taxmann
Case Details: North Land Construction v. State of West Bengal - [2024] 166 taxmann.com 127 (Calcutta)
Judiciary and Counsel Details
- Raja Basu Chowdhury, J.
- Promit Majumdar & Uzma Ali for the Petitioner.
- Anirban Ray, Ld. GP, T.M. Siddiqui, Tanoy Chakraborty & Saptak Sanyal for the Respondent.
Facts of the Case
The petitioner had filed return for the tax period February, 2018 to March, 2018 on 31-7-2019. Thereafter, the notice was issued by the department and determination was done under Section 73 of CGST Act. The assessee’s bank account was also attached by issuing a notice. The petitioner filed writ petition and submitted that major part of tax liability had already been recovered from electronic credit ledger. However, the department attached bank account and it was contended that as on today only a sum of Rs.61,078/-was outstanding.
High Court Held
The Honorable High Court noted that the major part of tax liability had already been recovered from the petitioner’s electronic credit ledger and only Rs. 61,078 was outstanding. Moreover, as per amendment in Section 16 of CGST Act, 2017, the registered tax payers have been permitted to take ITC in return which are filed up to 30th November, 2021 for the financial years 2017-18, 2018-19, 2019-20 and 2020-21. Thus, the notice attaching petitioner’s bank account was to be set aside and matter was to be remanded.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
