2020 (10) TMI 74

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....nager, IndusInd Bank, Sangam Complex, Ground Floor, Off Mirza Ismail Road requesting the bank authority not to allow any debit transaction including ATM withdrawal and internet banking from the account of the petitioner bearing No.200000097615 until further orders.   3. According to the petitioner, he is carrying on the business of trading in precious stones including in rough and coloured diamonds. All statutory dues have been paid. There is no demand on dues outstanding against any statutory authority. It is stated that petitioner and its directors enjoy very good reputation in the business. It is having a current account in IndusInd Bank, Opera House Branch, Girgaon, Mumbai bearing No.200000097615. By letter dated 19th April, 2018,....

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....e or preventing smuggling, it is necessary so to do, he may, with the approval of the Principal Commissioner of Customs or Commissioner of Customs, by order in writing provisionally attach any bank account for a period not exceeding six months. Provided that the Principal Commissioner of Customs or Commissioner of Customs may, for reasons to be recorded in writing, extend such period to a further period not exceeding six months and inform such extension of time to the person whose bank account is provisionally attached, before the expiry of the period so specified." 7. This aspect of the matter was gone into by this court in a recent decision in Writ Petition (St.) Nos.5669 of 2020 and other connected cases, decided on September 22, 2020.....

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....fore passing such an order the proper officer must form an opinion that such attachment of bank account is necessary for the purposes of protecting the interest of revenue or for preventing smuggling; (iv) Before passing such an order the proper officer must obtain prior approval of the Principal Commissioner of Customs or of Commissioner of Customs; and (v) Such provisional attachment shall be for a period not exceeding six months. 32. As per the proviso the Principal Commissioner of Customs or Commissioner of Customs can extend such provisional attachment for a further period not exceeding six months; but he must record reasons for such extension and such extension of period has to be informed to the person whose bank account is pro....