TaxTMI 
TaxTMI 
TaxTMI 
2021 (5) TMI 999
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....rder or direction to set aside and quash the order dated 10.08.2017 by which the Respondent No.3/ Bank is directed to freeze the Bank Account and to further release the Bank Account immediately (b) to issue an appropriate Writ, order or direction to declare the proceedings initiated against the petitioner by respondent No.1, 2 and 3 to be illegal, without jurisdiction and ultra vires to the Act and rules of the prevention of Money Laundering Act, 2002 and related provisions. (c)Pass any such other order or orders as may be deemed fit by this Hon'ble Court in the facts and circumstances of the case in the favour of petitioner and to grant heavy cost for the harassment caused to petitioner." The petitioner submits that at the time of admis....
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....whom the proceedings have been initiated under the Prevention of Money Laundering Act, 2002 by the same complaint along with the petitioner, has preferred a writ petition bearing No.199/2021before the Supreme Court wherein the Supreme Court has issued notices and has further directed:- "Issue notice. No coercive steps shall be taken against the petitioner in the meantime. Tag with W.P. (Crl.) No.289 of 2019 [Nilesh Parekh vs. Union of India]. List on 19.07.2021." Learned counsel submits that the petitioner be also granted the similar relief as he is similarly situated. The preliminary objection has been raised by the learned Additional Solicitor General. He submits that scope of the second stay application cannot be beyond the sco....
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....t this Court has already taken a view that even though the DRI may have initiated proceedings under the Customs Act, 1962 the proceedings under the Prevention of Money Laundering Act, 2002can be initiated separately. Thus, he submits that the proceeding sunder PMLA Act would not be affected merely because the petitioner is being tried for offences under the Customs Act. Learned counsel submits that they do not have any information and details available with them relating to the interim order passed by the Supreme Court in relation to Anil Kumar Gadodia and the petitioner cannot be allowed to take advantage of the order passed by the Supreme Court in the said case. I have considered the submissions. This court notices that the petitioner ....
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....rd to the two parallel remedies this court finds that presenting oneself before the Adjudicating Authority which is department itself, cannot be said to be an alternate remedy available to an individual. Attachment of any nature is draconian step has held by Supreme Court in recent judgment in M/s Radha Krishna Industries versus State of Himachal Pradesh & Ors. Civil Appeal No.1155/2021. The Supreme Court was examining a matter relating to provisional attachment made under Section 83 of the Himachal Pradesh GST Act. Apart from holding writ petition maintainable in the High Court and rejecting the Rule of alternate remedy held that such a power is drastic and extraordinary power and observed further:- "48 Now in this backdrop, it becomes n....
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....and fifth, the observance by the Commissioner of the provisions contained in the rules in regard to the manner of attachment. Each of these components of the statute are integral to a valid exercise of power. In other words,when the exercise of the power is challenged, the validity of its exercise will depend on a strict and punctilious observance of the statutory pre- conditions by the Commissioner. While conditioning the exercise of the power on the formation of an opinion by the Commissioner that "for the purpose of protecting the interest of the government revenue, it is necessary so to do", it is evident that the statute has not left the formation of opinion to an unguided subjective discretion of the Commissioner. The formation....