Provisional Attachment Under GST Act is Not Valid On Completion Of One Year: Rajasthan High Court

In the case of B.r. Construction Company vs Additional Director, the Rajasthan High Court has held that:

The powers of provisional attachment and its inherent limitations in the nature of safeguards have been discussed at length in a recent judgment of the Supreme Court dated 20.04.2021 in Civil Appeal No.1155/2021- M/s Radha Krishan Industries Vs. State of Himachal Pradesh and Ors. Additionally we also find that CBIC’s circular dated 23.02.2021 has also clarified that every provisional attachment shall cease to have effect after expiry of period of one year from the date of attachment order.

In the present case the order of attachment was passed more than a year back and would therefore be ceased to be effective upon completion of period of one year.