GST: Gujarat High Court sets aside Provincial Attachment of Bank Account of SKJ Finvest Advisory on a condition to maintain minimum balance of Rs.22 lakhs [Read Order]

GST - Gujarat High Court - Provincial Attachment of Bank Account - SKJ Finvest Advisory - minimum balance - Taxscan

The Gujarat High Court set aside the provincial attachment of the Bank Account of SKJ Finvest Advisory on a condition to maintain a minimum balance of Rs.22 lakhs.

Mr. Nainawati, the counsel appearing for the writ­ applicant, SKJ Finvest Advisory submitted that his client shall maintain the minimum balance of Rs.22 lakhs in the bank account which has been attached by the department.

According to Mr. Nainawati, at the time of attachment of the bank account, the balance available was Rs.22 lakhs. He has instructions from his client to make a statement that if he is permitted to operate the bank account, he shall maintain the minimum balance of Rs.22 lakhs in the same so as to protect the interest of the revenue pending the inquiry.

Mr. Chintan Dave, the AGP appearing for the respondents would submit that the proposal would forward by the counsel appearing for the writ ­applicant is quite reasonable. According to Mr. Dave, the writ­ applicant should be asked to file an undertaking before this Court on oath that he shall maintain the minimum balance of Rs.22 lakhs in his bank account.

Therefore, the division bench of Justice J.B.Pardiwala and Justice Ilesh J.Vora directed the writ­ applicant to maintain the minimum balance of Rs.22 lakhs in the bank account in question up to 21st September 2021. On this condition, the court permitted the writ ­applicant to operate his bank account.

The court directed the respondents to intimate the bank concerned about this order and permit the writ­ applicant to operate his bank account.

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