No relief granted against Attachment Order by High Court on ground of alternate appellate remedy available


Last updated: 25 May 2023

Court :
Orissa High Court

Brief :
The Hon'ble Orissa High Court inthe case of Twisha Educational Private Limited v. Addl. CT & GST Officer [W.P (C) No.11358 of 2023 dated May 01, 2023] directed the assessee to file an appeal before the appropriate authority under Section 107 of the Central Goods and Services Tax Act, 2017 ("the CGST Act"), as assessee claims that the GST authorities attached their bank account without issuing any prior notice. The Court has advised the assessee to pursue their remedy through the established appellate process rather than seeking relief through a writ petition.

Citation :
W.P (C) No.11358 of 2023 dated May 01, 2023

The Hon'ble Orissa High Court inthe case of Twisha Educational Private Limited v. Addl. CT & GST Officer [W.P (C) No.11358 of 2023 dated May 01, 2023] directed the assessee to file an appeal before the appropriate authority under Section 107 of the Central Goods and Services Tax Act, 2017 ("the CGST Act"), as assessee claims that the GST authorities attached their bank account without issuing any prior notice. The Court has advised the assessee to pursue their remedy through the established appellate process rather than seeking relief through a writ petition.

Facts

This Petition has been filed against the assessment order dated February 10, 2022 for the period 2017-18 and 2018-19 attaching the Bank accounts of Twisha Educational Pvt Ltd. ("the Petitioner") by Addl. CT & GST Officer ("the Respondent") without any prior notice, which is being challenged.

Issue

Whether the Writ Petition is maintainable before the High Court, considering the availability of the appellate remedy under Section 107 of the CGST Act?

Held

The Hon'ble Orissa High Court in W.P (C) No.11358 of 2023 held as under:

  • Directed the Petitioner to file an appeal before the appropriate authority under Section 107 of the CGST Act and advised the Petitioner to pursue their remedy through the established appellate process rather than seeking relief through a writ petition.
  • Further, the Court dismissed the writ petition on the basis that the petitioner has an alternative remedy available through the appellate process.
 

Bimal Jain
Published in GST
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