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2023 (11) TMI 271 - BOMBAY HIGH COURTProvisional Attachment of bank accounts of the Petitioners - legality of letter dated 19th October 2023, in terms of Section 110(5) of the Customs Act, 1962 or not. Petitioner submitted that the letter addressed to the bankers were not communicated to the Petitioners and furthermore the said letter cannot be termed as an order under Section 110(5) of the Customs Act, 1962. HELD THAT:- The letter dated 19th October 2023 can be construed as an order for the purpose of Section 110(5) of the Customs Act, 1962. The total purchase is from the three parties referred to herein-above by the Petitioners aggregates to Rs. 22 crore and the duty calculated at 10% on the said amount would be Rs. 2 crore, assuming the Respondents are correct in their contentions. At the same time, the Petitioners have attended the summons and they are cooperating with the investigation. The Respondents also need to be protected in case of any demand arising on account of the investigation. The Petitioners’ business should also not to be affected by the attachment of the bank account and at the same time, the interest of the revenue should also be protected, therefore, looking at the facts of the present case and to protect the revenue, following order can be passed to meet the ends of the justice. The Petitioners to keep a sum of Rs. 1.50 crore as a fixed deposit and the said fixed deposit and a lien would be marked in favour of the revenue with respect to the said fixed deposit of Rs. 1.50 crore - Petitioners would execute bond to protect the revenue from liability arising out of the any order-in-original to be passed - petition disposed off.
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