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2023 Supreme(Del) 1337

VIBHU BAKHRU, AMIT MAHAJAN
Vikas Enterprises – Appellant
Versus
Commissioner of Central Tax (Gst), Delhi North – Respondent


Advocates appeared:
Ms. Vibhooti Malhotra, Mr. Bhuvensh Satija & Mr. Udit Sharma, Advocates, for the Petitioner.
Mr. Anurag Ojha, SSC with Mr. Gautam Barwal, Advocate, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. The petitioner has filed the present petition impugning a communication dated 25.03.2022 (hereafter `the impugned communication'), issued by respondent no.2 [Superintendent (Anti-Evasion) Group 1] to the Branch Manager, State Bank of India, Indraparstha Building, Vikas Marg, Lakshmi Nagar, Delhi, calling upon the bank to furnish certain documents pertaining to the petitioner. The said impugned communication further directed the bank not to permit any debit from the petitioner's bank account (Account No.39617476186) maintained with the said bank without prior permission of the Department.

2. The present petition was listed on 19.07.2023. The learned counsel for the respondents had accepted notice and sought time to take instructions in regard to the statutory provision under which respondent no.2 had issued the impugned communication.

3. Mr. Ojha, learned counsel appearing for the respondents is unable to point out any provision under the Central Goods and Services Tax Act, 2017 (hereafter `the CGST Act') permitting respondent no.2 to issue such a communication directing the Bank to freeze the bank account. He has referred to the provision of Section 83 of

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