RR India Pvt. Ltd Vs Union of India

Date: February 17, 2020

Court: High Court
Bench: Delhi
Type: Writ Petition
Judge(s)/Member(s): Vipin Sanghi, Sanjeev Narula
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Subject Matter

The period of 7 days prescribed in Rule 159(5) of the CGST Rules for moving the objections to the provisional attachment is merely directory and not mandatory

Provisional Attachment

Summary

The grievance of the petitioner is that the respondents, in pursuance of the search operation , at various places of the petitioner, under Section 67(2) of the CGST Act, proceeded to issue provisional attachment orders under Section 83 of the CGST Ac…

1. The petitioner has preferred the present writ petition to seek the following reliefs:- “a) quash and set aside the impugned orders dated 6.2 .2020,  2.12.2019 & 3.12.2019; b) declare Rule 159(5) of the Rules to the extent it specifies  the time period of seven days as ultra-vires of the provisions of  Section 83(1) of the Act; c) Issue a Writ ofMandamus or any other Wri…

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