Court Affirms No Bank Account Freeze Without Specific Order Under Income Tax Act; Future FEMA Actions Still Possible.

The HC upheld the Single Judge's decision, emphasizing that the absence of a specific freezing order under Section 132 of the Income Tax Act, 1961, rendered the communication to banks ineffective. The court noted that no such order was issued to freeze accounts, thus lacking a legal basis for interference. However, the decision does not preclude future actions under Section 37 of FEMA by the investigating officer.

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Issues:
Challenge to communication dated 5th October, 2018 under the Foreign Exchange Management Act, 1999 and Income Tax Act, 1961.

Analysis:
The respondent filed a writ petition challenging a communication issued by the appellants to two banks suspecting involvement in a case under the Foreign Exchange Management Act, 1999 (FEMA). The communication directed the banks to stop operations in certain accounts to prevent withdrawal that could affect the investigation. The appellants appealed against the Single Judge's finding that the communication lost efficacy due to the expiration of the sixty-day period under Section 132(8A) of the Income Tax Act, 1961. The appellants confirmed that no specific order under Section 132 of the Income Tax Act was served to the respondent. The High Court noted that Section 37 of FEMA empowers officers to investigate contraventions and exercise powers similar to Income Tax authorities. However, the investigating officer did not pass any order under Section 132 of the Income Tax Act to freeze the accounts. As a result, the High Court declined to entertain the appeal, stating that no freezing order was issued, and upheld the Single Judge's decision. The High Court clarified that its decision did not prevent the investigating officer from exercising powers under Section 37 of FEMA in the future.

This judgment primarily deals with the lack of a specific freezing order under Section 132 of the Income Tax Act, 1961, despite a communication directing banks to stop operations in certain accounts under the Foreign Exchange Management Act, 1999. The court emphasized that the investigating officer did not pass an order under Section 132, which was necessary to freeze the accounts. As a result, the High Court upheld the Single Judge's decision, stating that without a freezing order, there was no legal basis to interfere with the communication issued to the banks. The court clarified that its decision did not prevent future actions by the investigating officer under Section 37 of FEMA.

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