VidhiSangh

Supreme Court of India · 14/08/2025

KESARI NANDAN MOBILE versus OFFICE OF ASSISTANT COMMISSIONER OF STATE TAX (2), ENFORCEMENT DIVISION – 5

[2025] 8 S.C.R. 936 · 2025 INSC 983

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that once a provisional attachment order under Section 83(1) of the CGST Act, 2017 ceases to have effect on expiry of one year under Section 83(2), the revenue cannot issue a fresh or 'renewed' provisional attachment order on substantially the same grounds; the Act contains no power of extension or renewal (unlike the Excise and Customs Acts), a statutory authority needs power conferred by statute or valid executive instruction and cannot act merely because nothing prohibits it, and reading in such a power would render Section 83(2) otiose. The Gujarat High Court's contrary view was set aside and the Kerala High Court's view in Ali K. approved.

Issues

  1. Whether the CGST Act or any other law permits issuance of a second provisional attachment order under Section 83(1) after the initial order has ceased to have effect by efflux of one year under Section 83(2).
  2. Whether an authority may exercise a power on the ground that the statute does not prohibit it, in the absence of statutory conferment or executive instruction.

Provisions considered

Held

Result

Appeal allowed; question answered in the negative; provisional attachment orders dated 13.11.2024 and 18.12.2024 held to be without authority; attached bank accounts to be de-frozen and made operable forthwith on production of the judgment before the banks; investigation may continue in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 936.