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The action of attaching bank accounts without giving opportunity of hearing is gross violation of prescribed rules and such order is required to be quashed
Facts
The Appellant engaged in fabrication, erection and installation of power sub-stations availed CENVAT credit for discharging service tax. The Respondent during an enquiry gave an oral direction to reverse the credit which was not adhered to. Therefore, a Show Cause Notice was issued. Before submission of the reply, bank accounts were attached and this action is challenged before the High Court.
Held
The High Court observed that while proceeding for attachment of property, procedure specified in Service Tax (Provisional Attachment of Property) Rules, 2008 and C.B.E. & C. Circular No. 103/6/2008-S.T. dated 01/07/2008 should be followed. It was further noted that as per Rule 3(2) of the said Rules, prior notice is required to be given specifying the reasons for initiation of action of attachment and details of property to be attached and opportunity for hearing is required to be provided within 15 days from service of notice. Since the Respondent has failed to issue such notice and grant an opportunity of hearing before attaching the accounts and also no cogent reasons were provided justifying the said action, the order attaching bank accounts was quashed and cost of Rs.25,000/- was ordered to be paid to Appellant.
