Patna High Court
2 articles
Audit Findings and Section 74: Patna High Court Declines to Quash a Fraud-Based GST Notice and Sends the Assessee to Appeal
In Amit Agency v. Commissioner, CGST and CX, a Division Bench of the Patna High Court distinguishes G.R. Infra Projects and Tata Steel, refuses to test the sufficiency of the officer's satisfaction under Section 74(1), and directs the assessee to the appellate authority.
13 min readFreeze Before Order, Hearing Before Extension: Patna High Court Reads GST Attachment Jurisprudence Into Section 110(5) of the Customs Act
A division bench of the Patna High Court quashed provisional attachments of a digital-marketing company's bank accounts where the department could not show a written, Commissioner-approved order preceding the freeze, and set aside extension orders passed without any hearing before the six-month period expired. Treating Section 110(5) of the Customs Act and Section 83 of the GST Act as in pari materia, the Court imported the Supreme Court's Radha Krishan Industries construction of the GST provision wholesale into the customs context, while also rebuking the department for attempting to cure the defect through a fresh order passed while the writ petition was pending.
14 min read