Recovery from Legal Heir without Prior Adjudication and Notice is Jurisdictionally Invalid


Quick Summary
The Bombay High Court has ruled that attempting to recover GST dues from a legal heir by attaching their bank account, without first formally determining the liability and providing proper notice, is unlawful. The court emphasised that such actions violate natural justice principles and jurisdictional rules. The attachment was quashed, allowing the tax department to pursue proper legal channels if necessary.

Court :
Bombay High Court

Brief :
The Hon’ble Bombay High Court in the case of Navin Vishwanathan Prop. of M/s. Oriental Facility vs. State of Maharashtra and Ors. [Writ Petition No. 8709 of 2025, order dated April 15, 2026] held that invocation of recovery proceedings under Section 79 of the CGST Act, 2017 against the bank account of a legal heir, without prior adjudication of liability under Section 93 of the CGST Act, 2017 and without issuance of notice, is a jurisdictional error and violative of principles of natural justice.

Citation :
Writ Petition No. 8709 of 2025, order dated April 15, 2026

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Bimal Jain
Published in GST
Views : 63
downloaded 62 times

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