Supreme Court of India
M/s Radha Krishan Industries v. State of Himachal Pradesh & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
7 Supreme Court benches have cited this judgment.
What the Court ordered
For the above reasons, we allow the appeal and set aside the impugned judgment and order of the High Court dated 1 January 2021.
Judgment, page 64
From the headnote
Himachal Pradesh Goods and Service Tax Act, 2017: s. 83 – Power of the Commissioner to order provisional attachm ent of the property of the assessee – Interpretation of – On fact s, case of GST fraud initiated against appellant’s supplier – During t he course of proceedings, issuance of orders by the Joint Commiss ioner u/s 83 for provisional attachment of the appellant’s receiv ables from its customers – Writ petition under/Art. 226 challengin g orders of provisional attachment – Dismissed by the High Court holding that there was an alternative and efficacious remedy of an appeal u/s. 107 –
Authorities it was built on
- 1998 Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors.
- 1974 Babubhai Muljibhai Patel v. Nandlal Khodidas Barot & Ors.
- 2007 Raman Tech. & Process Engg. Co. & Anr. v. Solanki Traders
- 2010 Commissioner of Income Tax, Delhi v. M/s. Kelvinator of India Limited
- 2008 Rajasthan State Electricity Board v. Union of India & Ors.
- 2003 Seth Chand Ratan v. Pandit Durga Prasad (d) by Lrs. and Ors.
- 2018 Income Tax Officer Ward No. 16 (2) v. M/s Techspan India Private Ltd. & Anr.
Where later benches applied it
- 2024 Ernakulam Regional Cooperative Milk Producers Union Ltd. Etc. v. Nithu & Ors. Etc.
- 2026 Sujal Vishwas Attavar v. The State of Maharashtra
- 2025 Kesari Nandan Mobile v. Office of Assistant Commissioner of State Tax (2), Enforcement Division – 5
- 2025 Bank of Baroda v. Farooq Ali Khan & Ors.
- 2025 M/s Tamil Nadu Cements Corporation Limited v. Micro and Small Enterprises Facilitation Council and Another
- 2024 The State of Punjab & Anr. v. M/s Ferrous Alloy Forgings P Ltd. & Ors.
- 2024 Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Mb Power (madhya Pradesh) Limited & Ors.
Of those, 1 relied on · 6 referred to
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