SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Bom) 2915

M.S.SANKLECHA, RIYAZ I.CHAGLA
M. P. Enterprises – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Bharat Raichandani i/b. UBR Legal, for the Appellant; Pradeep S. Jetly with J.B. Mishra, for the Respondent

ORDER

M.S. Sanklecha, J. - At the request of the parties, this petition is taken up for disposal at the stage of admission.

2. This petition under Article 226 of the Constitution of India, challenges a notice dated 30th August, 2018 issued by the Deputy Director in the office of the Director General of GST Intelligence (Respondent No. 2 herein). The impugned notice dated 30th August, 2018 attaches the petitioner''s Account in Union Bank of India under Section 87(b)(i) of the Finance Act, 1994 (the Act), for recovery of service tax payable under the Act.

3. This, the petitioner complains is, without jurisdiction. This for the reason that the impugned notice dated 30th August, 2018, has been issued when there is no amount adjudicated as payable under the Act after issuing a show cause notice under Section 73 of the Act. Consequently, it is the Petitioner''s grievance that attachment by the impugned notice dated 30th August, 2018 is contrary to and in defiance of the binding decisions of this Court in Quality Fabricators & Erectors v. Dy. Dir, DGCEU - 2016 (41) S.T.R. 11 (Bom.), Lawson Tours & Travels (I) P. Ltd., v. Dy. Dir, DGCEV - 2015 (317) E.L.T. 248 (Bom.), ICICI Bank Ltd. v. Un

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top