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2023 Supreme(Bom) 514

G. S. KULKARNI, JITENDRA JAIN
Bharat Parihar – Appellant
Versus
State of Maharashtra Thr. PP Office – Respondent


Advocates Appeared:
For the Petitioner: Mr. Brijesh Pathak.
For the Respondents: Ms. Shruti D. Vyas.

JUDGMENT :

(Jitendra Jain, J.) :

This petition challenges provisional attachment of bank account of the Petitioner with Yes Bank, Mumbai, under Section 83 of the CGST Act, 2017 and further communication dated 19th April 2023, whereby the provisional attachment made on 21st April 2022 is retained under Section 83 of the CGST Act. The petition is filed after the objections of the Petitioner to provisional attachment were disposed of under Rule 159(5) of the CGST Rules by the Respondents.

2. We have heard learned Counsel for the Petitioner and learned Counsel for the Respondents.

3. At the outset, the Respondents have raised a preliminary ground that the order disposing off objections under Rule 159(5) of CGST Rules attaching the bank account provisionally is an appealable order and, therefore, this Court should not entertain the petition. The Respondents have relied on Section 107 of the Act in support of the contention that the same is an appealable order. On the other hand, the Petitioner relied upon the decision of the Supreme Court in the case of Radha Krishan Industries vs. State of Himachal Pradesh, (2021) 6 Supreme Court Cases 771, wherein an identical submission was made befor

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