Petition discussing conditions stipulated in Section 83 of the HPGST Act

Last updated: 05 May 2021

Court :
Supreme Court of India

Brief :
This appeal raises significant issues of public importance, engaging as it does, the interface between citizens and their businesses with the fiscal administration. Legislation enacted for the levy of goods and services tax confers a power on the taxation authorities to impose a provisional attachment on the properties of the assessee, including bank accounts. The legislation in Himachal Pradesh, which comes up for interpretation in the present case, has conferred the power on the Commissioner to order provisional attachment of the property of the assessee, subject to the formation of an opinion that such attachment is necessary in the interest of protecting the government revenue. What specifically, is the ambit of this power?

Citation :
Civil Appeal No 1155 of 2021

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 1155 of 2021

(Arising out of SLP(C) No 1688 of 2021)

M/s Radha Krishan Industries ....Appellant

Versus

State of Himachal Pradesh & Ors. .... Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J
A Factual Background
B Submissions
B.1 Maintainability of the writ petition before the High Court
B.2 Challenge on merits: improper invocation of Section 83
C Legal Position
C.1 Maintainability of writ petition before the High Court
C.2 Provisional Attachment
C.3 Delegation of authority under CGST Act
D Analysis
E Summary of findings

A Factual Background

1 This appeal raises significant issues of public importance, engaging as it does, the interface between citizens and their businesses with the fiscal administration. Legislation enacted for the levy of goods and services tax confers a power on the taxation authorities to impose a provisional attachment on the properties of the assessee, including bank accounts. The legislation in Himachal Pradesh, which comes up for interpretation in the present case, has conferred the power on the Commissioner to order provisional attachment of the property of the assessee, subject to the formation of an opinion that such attachment is necessary in the interest of protecting the government revenue. What specifically, is the ambit of this power? What are the safeguards available to the citizen? In interpreting the law, the court has to chart a course which will ensure a fair exercise of statutory powers. The legitimate concerns of citizens over arbitrary exercises of power have to be protected while ensuring that the legislative purpose in entrusting the authority to order a provisional attachment is fulfilled. The rule of law in a constitutional framework is fulfilled when law is substantively fair, procedurally fair and applied in a fair manner. Each of these three components will need to be addressed in the course of interpreting the tax statute in the present case.

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