VidhiSangh

Supreme Court of India · 20/04/2021

M/S RADHA KRISHAN INDUSTRIES versus STATE OF HIMACHAL PRADESH & ORS.

[2021] 3 S.C.R. 406 · 2021 INSC 266

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Summary

Provisional GST attachment was quashed for failure to meet strict statutory safeguards, absence of pending specified proceedings against the assessee and denial of a hearing on objections. The Commissioner’s opinion must rest on tangible material showing attachment is necessary and proportionate to protect revenue. The delegated attachment order was not appealable under Section 107(1), so the writ was maintainable. The separate tax-assessment merits remained open in appeal.

Issues

  1. Whether a writ challenging the delegated provisional-attachment order was barred by an alternative statutory appeal.
  2. What necessity, evidentiary and procedural safeguards governed Section 83 attachment.
  3. Whether proceedings against a supplier, or a later assessment against the assessee, sustained the attachment.

Provisions considered

Held

Result

Appeal and writ petition allowed; High Court judgment and provisional-attachment orders dated 28 October 2020 set aside. Separate assessment merits left to the statutory appeal; no costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 406.