2019-VIL-261-ALH

SGST High Court Cases

GST - Petitioner challenge the action of GST Authorities debiting his bank account by way of RTGS to transfer amount to the account of GST authorities, without there being any instructions to debit the amount given by the petitioner to bank – HELD – the Bench fails to understand, prima facie, as to how the authorities get this power to take away amount from anybody’s account without account holder’s permission or even after taking away the money, they would not even consider it necessary to inform the account-holder that money from their account has been debited - This is nothing but high handedness and gross abuse of power - The officer concerned who instructed the bank to debit the amount of petitioner shall file his personal affidavit explaining therein under what authority of law that he got removed the money from petitioner’s bank account or directed the bank to debit the bank account and why did he do it without even informing petitioner even after giving instructions to the bank - The officer is put to notice that the Court may even consider taking action against the officer if it is not satisfied with the explanation - there have been many matters where the taxpayers account is frozen and the taxpayers come to know only from the bank but after giving instructions to freeze the accounts, the authorities are not even bothering to inform the account-holders that it has given such instructions - this is nothing but oppressing a taxpayer by misusing their position and amounts to harassment of all taxpayers - Stand over to 1st August, 2022

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