Ramakrishna Electro Components PVT LTD vs. Union Of INDIA & Anr.

W.P.(C)/11180/2020HC DelhiGSTCNR DLHC01006629202014 January 2021Bench: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW,HON'BLE MR. JUSTICE SANJEEV NARULA6 pages
For Petitioner: Mr. Rajul Jain, Mr. Abhinav Beri and Ms. Kanchan Sah, AdvsFor Respondent: Mr. Satish Kumar, Sr. Govt. Standing Counsel
AI SummaryDismissed

Held

The Court dismissed the writ petition as withdrawn, granting the petitioner liberty to file objections under Rule 159(5) within a specified time. The Commissioner was directed to dispose of these objections within a stipulated period.

Facts

The petitioner sought to quash GST proceedings, cancel a DRC-03 for ITC reversal, and unattach bank accounts. The respondents argued that an alternate remedy under Rule 159(5) of the CGST Rules was available.

Key Issues

Whether a writ petition is maintainable when an alternate efficacious remedy under Rule 159(5) of the CGST Rules is available for challenging attachment of property.

Sections Cited

Section 67, Rule 159(5)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 11180/2020 Page 1 of 6 $~4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11180/2020 & CM No. 34884/2020 (for interim relief) RAMAKRISHNA ELECTRO COMPONENTS PVT LTD ..... Petitioner Through: Mr. Rajul Jain, Mr. Abhinav Beri and Ms. Kanchan Sah, Advs. versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Satish Kumar, Sr. Govt. Standing Counsel. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R %

14.01.

2021

[VIA VIDEO CONFERENCING]

1.

This writ petition was preferred, seeking (i) directions to the respondent no.2 Director General of GST Intelligence to cancel the DRC- 03 dated 7th October, 2020 for reversal of Input Tax Credit; (ii) for quashing of the proceedings dated 7th October, 2020 conducted under Section 67 of the Central Goods and Services Tax Act, 2017; (iii) for quashing of the attachment order dated 21st December, 2020 vide which State Bank of India (SBI) account no.37975466366 at branch Wazirpur Industrial Area, Delhi and ICICI account no.135351000004 at branch ITL Tower, New De

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