Radha Krishan Industries Vs State Of HP

Date: April 20, 2021

Court: Supreme Court
Type: Special Leave to Appeal
Judge(s)/Member(s): Dhananjaya Y Chandrachud, M R Shah
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Subject Matter

Power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature

Provisional Attachment

Summary

(1) The power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the power must be strictly fulfilled;…

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 legislati…

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