M/S Haryana Steel Mongers PVT LTD vs. Union Of INDIA And Another
Held
The Court noted that the objections filed by the petitioner against the provisional attachment order had been dealt with, and a final order dated August 30, 2022, had been passed by the Additional Director General, Gurugram Zonal Unit. In light of this development, the Court disposed of the writ petition. The petitioner was granted liberty to avail of their remedies and take legal recourse, if advised, against the order dated August 30, 2022, in accordance with law. The Court clarified that it had not examined the issue on merits. If the petitioner chose to challenge the August 30, 2022 order, they would be at liberty to raise all available grounds and submissions.
Facts
The petitioner, M/s Haryana Steel Mongers Pvt. Ltd., filed a writ petition challenging a provisional attachment order of its bank account issued under Section 83 of the CGST Act. The petitioner had filed objections against this order on June 22, 2022, but they remained undecided. During the hearing, the respondents' counsel informed the Court that the objections had been addressed, and a final order dated August 30, 2022, was passed by the Additional Director General, Gurugram Zonal Unit, Directorate General of Goods and Service Tax Intelligence, Gurugram. A copy of this final order was provided to the petitioner's counsel.
Key Issues
1. Whether the petitioner's objections against the provisional attachment order under Section 83 of the CGST Act have been dealt with in accordance with law? Petitioner's contention: The petitioner argued that their objections filed against the provisional attachment order had not been decided, necessitating the writ petition. Respondents' contention: The respondents' counsel stated that the objections had been dealt with and a final order dated August 30, 2022, had been passed by the Additional Director General, Gurugram Zonal Unit.
Sections Cited
Section 83
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-18404-2022 (O&M) Date of decision:06.09.2022 M/s Haryana Steel Mongers Pvt. Ltd.
... Petitioner Vs. Union of India & others ... Respondents CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA. HON'BLE MR. JUSTICE DEEPAK MANCHANDA. Present:- Mr. A.K. Babbar, Advocate and Mr. Surendra Kumar, Advocate for the petitioner. Mr. Rishabh Kapoor, Sr. Standing counsel for the respondent. ... TEJINDER SINGH DHINDSA, J. Instant writ petition was directed against the provisional attachment order of the bank account of the petitioner/company under Section 83 of the CGST Act. On the previous date of hearing, we had taken note that objections against the provisional attachment order had been filed on 22.06.2022 but the same had not been decided. Mr. Rishabh Kapoor, learned Sr. standing counsel for the respondents had been called upon to complete instructions in the matter. During the course of resumed hearing today, learned counsel for the respondents apprises us that the objections filed by the petitioner against the provisional attachment order have been dealt with and a final order dated 30.08.2022 has been passed by the Additional Dir
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