N.S. Rathinam And Sons PVT Ltd Vs Commissioner of GST And Central Excise
Date: July 31, 2023
Subject Matter
Revenue to de-freeze the bank account upon the payment of the first installment
Summary
The case involves a writ petition challenging an assessment order, penalty, and interest imposed by the respondents. The petitioner accepts liability for the tax and interest but contests the freezing of their bank account and cancellation of GST registration. The court orders the petitioner to pay the tax liability in four installments and directs the respondents to de-freeze the bank account upon the payment of the first installment. The respondents are also directed to file a counter affidavit, and the case is scheduled for a hearing on 01.09.2023.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
This Writ petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S. KRISHNANAND, Advocate for the petitioner and of Mr. R. NANDAKUMAR, Senior Standing Counsel assisted by Mr. S. RAGAVENTHRE, Junior Standing counsel on behalf of the Respondents, the Court made the following order:-
This writ petition is filed challenging the assessment order and the consequential imposition of penalty and interest.
2. The contention of the petitioner is that the petitioner is liable to pay the tax and the interest portion which have been quantified by the respondents. However, the respondents have issued orders to freeze the petitioner’s bank account and also cancelled the GST registration. The case needs elaborate consideration.
3. Therefore, the petitioner is directed to pay the entire tax portion in four equal installments. As far as the interest portion is concerned, that will be considered after the payment of the tax liability.
4. The petitioner is directed to pay the first installment within a period of one week from the date of receipt of a copy of this order. On such payment the respondents are directed to de-freeze the petitioner’s bank account.
5. The respondents are directed to file counter affidavit.
6. Post the case on 01.09.2023.