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1pay Mobileware Private Limited-vs-Union of India (Through The Ministry of Finance) Mumbai, Additional Director General Directorate General of GST Intelligence (DGGI) Hyderabad, Additional Director General Directorate General of GST Intelligence (DGGI) Mumbai, Principal Director DGGI Headquarters New Delhi-2026-juristway.com-3062-HC(Bombay)-GST
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2026-juristway.com-3062-HC(Bombay)-GST1pay Mobileware Private Limited v Union of India (Through The Ministry of Finance) Mumbai
✓ Good LawAllowed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3062-HC(Bombay)-GST

1pay Mobileware Private Limited

versus

Union of India (Through The Ministry of Finance) Mumbai, Additional Director General Directorate General of GST Intelligence (DGGI) Hyderabad, Additional Director General Directorate General of GST Intelligence (DGGI) Mumbai, Principal Director DGGI Headquarters New Delhi

Court - Bench
In The High Court (HC) - Bombay
Date of Judgment
16 October 2026
Judges
Hon'ble Mr. Justice M. S. Karnik, Hon'ble Mr. Justice Sandesh D. Patil
Case Number
Writ Petition No. 4586 of 2026
Advocate (Petitioner)
Mr. Darius Shroff - Senior Advocate a/w Adv. Ishaan V. Patkar, Adv. Sujit Lahoti, Adv. Parth P. Shah, Adv. Kedar Nayak, Adv. Diya Chordia i/b. M/s. Sujit Lahoti & Associates
Advocate (Respondent)
Adv. Jitendra B. Mishra a/w Adv. Sangeeta Yadav, Adv. Umesh Gupta, Adv. Ashutosh Mishra
Quick ref
Takeaway

Provisional attachment — Section 83 — Non-application of mind — No tangible material — Radha Krishan Industries test not satisfied — Bombay HC allowed the writ petition and set aside the provisional attachment orders, holding that the Joint Commissioner's exercise of power under Section 83 was based on suspicion without cogent and credible material, that neither the impugned orders nor the affidavit-in-reply contained any opinion based on tangible material as required by the Supreme Court's ruling in Radha Krishan Industries, and that no GST liability on the petitioner had been established.

Digest & Analysis
Litigation Digest

In 1pay Mobileware Private Limited v. Union of India & Ors., 2026-juristway.com-3062-HC(Bombay)-GST, where the petitioner challenged the provisional attachment orders dated 04.09.2026 and 18.09.2026 passed under Section 83 of the CGST Act attaching its bank accounts, the Court applied the Supreme Court's test in Radha Krishan Industries holding that (i) the power under Section 83 is draconian, (ii) the Commissioner must form an opinion on tangible material that the assessee is likely to defeat the demand and that revenue cannot be protected without attachment, (iii) the petitioner had indicated willingness to cooperate regarding the 88 entities referred to, (iv) neither the impugned orders nor the affidavit-in-reply contained any such opinion based on tangible material, and (v) no GST liability on the petitioner had been established, allowed the petition in terms of prayer clauses (a) and (g), and set aside the attachment orders.

Full Text
Judgment & Order
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