Petitioner can operate the attached Bank Account as long as the revenue interest is secured

Petitioner: Bytedance (India) Technology Pvt Ltd

Respondents: Union of India & Others

Authority: Bombay High Court

Date: 6th April 2021

Case: The Principal Director General of GST Intelligence, Mumbai provisionally attached the petitioner’s Bank Accounts u/s 83 of the GST Act, 2017 submitting that a huge revenue to the tune of Rs. 78.91 crores were at stake since the petitioner does not intend to bear it and is in the process of closing its business. The petitioner, on the other hand, submitted that it has a staff of 800-1000 employees whose salaries has to be paid. The petitioner requested to allow operation of bank accounts to bear necessary expenditures over salary. The petitioner submits that they may be allowed to operate the bank accounts over and above Rs. 78.91 crores.

Core Issue: Can the petitioner operate the Bank account?

Observation: The Revenue has no particular objection on the arrangement as long as the revenue interest is secured.

Judgement: The petitioner may operate the Bank Account for the amounts over and above Rs. 78.91 crores which is sought to be protected by the Revenue u/s 83.