Samsida Begum vs. Principal Commissioner Of CGST Delhi North And Anr.

W.P.(C)/7143/2022HC DelhiGSTCNR DLHC01081158202231 May 2022Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU2 pages
For Petitioner: Mr Vineet Bhatia, AdvFor Respondent: Mr Aditya Singla and Mr Adhishwar Suri, Advs
AI SummaryAllowed

Held

The Court held that the hold placed by the respondents on the subject bank account shall stand lifted. This decision was based on the submission made by the revenue's counsel that the provisional attachment of the bank account, which was initially made on August 3, 2019, had not been extended. The Court directed that the parties, including Axis Bank where the account is maintained, will act based on the digitally signed copy of the order. The writ petition was disposed of in terms of this direction.

Facts

The petitioner, Samsida Begum, filed a writ petition before the Delhi High Court challenging the provisional attachment of her bank account. The attachment was initially made on August 3, 2019. The respondents, Principal Commissioner of CGST Delhi North and another authority, were represented by counsel. The court noted in a previous order dated May 9, 2022, that the attachment had been in place for a significant period. The revenue, through its counsel, informed the court that the provisional attachment of the subject bank account had not been extended.

Key Issues

1. Whether the provisional attachment of the petitioner's bank account, which has been in place since August 3, 2019, should be lifted, considering the revenue's submission that it has not been extended. The petitioner argued that the prolonged attachment of her bank account was causing hardship and sought its release. The respondents, through their counsel, submitted instructions indicating that the provisional attachment of the subject bank account had not been extended. This submission formed the basis for the court's decision.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7143/2022 SAMSIDA BEGUM ..... Petitioner Through: Mr Vineet Bhatia, Adv. versus PRINCIPAL COMMISSIONER OF CGST DELHI NORTH AND ANR. ..... Respondents Through: Mr Aditya Singla and Mr Adhishwar Suri, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

31.05.

2022 [Physical Hearing/Hybrid Hearing (as per request)]

1.

Mr Aditya Singla, who appears on behalf of the respondents/revenue, has returned with instructions.

1.

1 As per the instructions received by Mr Singla, the provisional attachment concerning the subject bank account has not been extended.

1.2.

It is not in dispute that the subject bank account was attached, albeit provisionally, as far back as on 03.08.2019; an aspect which was noticed in our order dated 09.05.2022. 2. Accordingly, the hold placed by the respondents on the subject bank account shall stand lifted.

3.

The parties, including Axis Bank located at Ground Floor, Plot No.89, Block H, Pocket 3, Sector-18, Rohini, Delhi-110089, where the subject bank account

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