High Court of Madras
Noordeen Enterprises v. Additional Director General Directorate of GST Intelligence
W.P. NOS. 6704 & 6705 OF 2023
The ruling in brief
Where letters were issued to customers of respective petitioner directing diversion of amounts payable to petitioners towards alleged GST dues before any order-in-original determining liability was passed, such pre-assessment garnishee actions were invalid and unsustainable, with recovery only possible under section 79(1)(c) once liability was crystallized by order-in-original
Provisions considered
Section 79, read with section 83, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
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