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1/🚨Bombay High Court calls out tax authorities for high-handedness and abuse of power! This shocking case reveals how the authorities debited INR 62,32,400 from a taxpayer's account without consent or legal basis. #TaxJustice#HighHandedness
2/ 🏛️The court criticized the tax authorities for their oppressive tactics and harassment of taxpayers. The officer responsible for this action was ordered to file a personal affidavit explaining their actions. #AccountabilityMatters#ProtectTaxpayers
3/ 📜 The respondents relied on Section 79(1)(c)(i) of the CGST Act, but the court found it inapplicable, raising questions about the legal grounds for their actions. #KnowYourRights#CGSTAct
4/ ⚖️The Bombay High Court directed the respondents to deposit the wrongfully debited amount with the Registrar and ultimately dispose of the writ petition, ensuring justice for the affected taxpayer. #JusticeServed
5/ 💡This case highlights the need for increased transparency, accountability, and better communication between tax authorities and taxpayers. We must stand up against high-handedness and abuse of power. #TaxTransparency#Accountability
6/ 📢 Share this thread to spread awareness about taxpayer rights and the importance of holding tax authorities accountable for their actions. Let's make sure this never happens again! #TaxRightsMatter#NoMoreAbuse
🔁 Retweet and like to support the fight against high-handedness and abuse of power by tax authorities.
Together, we can make a difference! ✊ #StandUpForTaxpayers
Title: Pradeep Kumar Siddha
Court: Bombay High Court
Citation: WRIT PETITION NO.8298 OF 2022
Dated: 28-Apr-2023
Facts and Timelines:
Petitioner's account with Axis Bank was frozen by respondents (Tax Authorities)
02-May-2022: Bombay High Court (earlier Writ Petition No. 8915 of 2021) directed respondents to unfreeze the account
13-May-2022: Axis Bank complied after the Petitioner
threatened contempt action.
20-May-2022: Tax Authorities debited Rs. 62,32,400 from petitioner's account.
Respondents relied on Section 79(1)(c)(i) of the CGST Act, but the court found it inapplicable.
Court criticized respondents' actions as high-handedness and abuse of power.
The officer responsible for instructing the bank to debit the petitioner's account was ordered to file a personal affidavit explaining their actions and the legal authority for doing so.
The court warned that action could be taken against the officer if their explanation was unsatisfactory.
Ultimately, the court disposed of the writ petition, with the respondents' counsel stating that the amount deposited in the court would be withdrawn and deposited back into the petitioner's bank account.
The officer was directed to file an affidavit regarding the timeline for crediting the amount to the petitioner's account, after which the Registrar would permit the respondents to withdraw the amount and credit it back to the petitioner within two weeks.
My View:
Petitioner has to approach the High Court twice for bank freeze and debit. Everyone can't even afford to approach High Court. They are on the mercy of the Department.
As an honest Citizen, Tax Payer & Tax Professional, I request you to please share this case for justice