Karnataka High Court
For assessee
Topic
Recovery proceedings, garnishee notices and provisional attachment.
3 rulings found
Karnataka High Court
Where assessee was unaware of any tax demand leading to attachment of bank account without prior hearing, such recovery action was prima facie unsustainable as opportunity of hearing is a mandatory procedural requirement; so communication effecting attachment was to be kept in abeyance and attachment could not operate until hearing requirement was complied with
Madras High Court
Where company failed to pay self-assessed liability reported in GSTR-1 and went into liquidation, and recovery from company was not possible, joint and several liability was fastened on directors during default unless they proved absence of negligence; so attachment of director’s bank account by garnishee process for recovery of company dues was justified and did not warrant interference at this stage. GST: Where partnership firm’s bank accounts were attached to recover arrears of a company under director liability because a partner was also director of defaulting company at relevant period, subsequent changes in partnership were irrelevant and close family ties among promoters and partners justified action, so firm’s challenge to garnishee communications was not sustainable and writ was dismissed GST: Where one company's bank account was attached for recovery of another company's arrears, given common promoters and directorship swaps among family members across entities and evidence suggesting incorporation of petitioner aimed at evasion, lifting of corporate veil was warranted and interference with garnishee attachment was unwarranted, leading to dismissal of writ petitions
Telangana High Court
Recovery of GSTR-1/GSTR-3B mismatch as self-assessed tax under Explanation to Section 75(12) cannot be initiated directly under Section 79 without first issuing DRC-01B notice under Rule 88C or considering taxpayer's response; consequently, such garnishee proceedings were to be set aside