Sri Marg Human Resources Pvt. Ltd Vs Pr ADG, DGGI, Chennai

Date: May 26, 2021

Court: High Court
Bench: Madras
Type: Writ Petition
Judge(s)/Member(s): C Saravanan
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Subject Matter

Attachment proceedings u/3 83 cannot be at the cost of strangling the business of an assessee

Provisional Attachment

Summary

It is made clear that the attachment proceedings cannot be at the cost of right of provision under Article 19(1)(g) of the Constitution of India. Admittedly, an amount of Rs.5.68 Crores, which was lying in the account has been appropriated till date.…

This Writ Petition has been filed challenging the attachment orders dated 12.01.2021 and 28.01.2021. These attachment orders have been issued under Section 83 of the Central Goods and Services Tax Act, 2017  [hereinafter referred to as ‘CGST Act, 2017’], pursuant to a search and investigation ordered against the petitioner company some time during October, 2020. 2. It is noticed t…

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