2024 (4) TMI 999

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....Akhil Krishan Maggu, Mr. Vikas Sareen, Mr. Ayush Mittal, Ms. Maninder Kaur and Mr. Oshin Maggu, Advocates. For the Respondents: Mr. Ateev Mathur, Advocate for HDFC Bank. Mr. Anurag Ojha, Senior Standing Counsel for respondent No. 1 and 2 with Mr. Subham Kumar and Mr. Vipul Teotia, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns communication dated 14.08.2019 issued un....

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....ssued, reads as under:- "83. Provisional attachment to protect revenue in certain cases. (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing attac....

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.... an order of provisional attachment is only one year. In the instant case, the impugned communication is dated 14.08.2019 and a period of one year has elapsed from the issuance of the said communication. Consequently, the impugned order dated 14.08.2019 has ceased to be effective and cannot be any more implemented either by the respondents No. 1 and 2 or the HDFC Bank i.e., respondent No. 3. Accor....