Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2015 (6) TMI 501

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Act. We have already held that the power under section 110 of the Act could not have been exercised for passing an order that the petitioners should not be permitted to make any withdrawal from the account. In such circumstances, the respondents cannot insist that the petitioners should furnish adequate security bond. - Decided in favour of appellant. - Writ - C No. - 17424 of 2015 - - - Dated:- 7-5-2015 - Hon'ble Dilip Gupta And Hon'ble Vinod Kumar Misra,JJ. For the Petitioner : Kshitij Shailendra For the Respondent : A.S.G.I.,B.K.S. Raghuvanshi,Manish Trivedi,S.C. ORDER M/s M.Z. Handicrafts, a private firm engaged in the activity of manufacturing, export and local supply of Brass Artwares and Abdul Rahman .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ior Intelligence Officer requiring petitioner No. 2 to appear on 15 July 2017 for giving evidence and producing documents in respect of the enquiry being conducted. It is stated that the petitioners had on 27 August 2014 sent through speed post, the documents mentioned in the summons/notice dated 26 June 2014. An additional reply dated 27 August 2014 was sent. A prayer was made to issue directions to the Bank to allow the operation of the current account as the petitioner was suffering because of the order dated 5 June 2014 for keeping on hold any withdrawal from the account. The petitioners allege that in spite of repeated request made by them, no order has been passed for withdrawing the order dated 5 June 2014. Learned counsel for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Act and if a direction is issued for permitting the petitioners to operate the Bank Account, the petitioners should be asked to furnish adequate security. Learned Senior Counsel for the respondent has placed before the Court a decision of a learned Judge of the Delhi High Court in Writ-C No. 7449 of 2012 rendered in Ravi Crop Science Vs. Union of India and others decided on 20 December 2013 and of a Division Bench of Bombay High Court in Writ Petition No. 6964 of 2010 rendered in M/s Nayasa Exports Pvt. Ltd. Vs. Union of India and others decided on 6 October 2010. Sri Manish Trivedi has appeared for the respondent-ICICI Bank. We have considered submissions advanced by learned counsel for the parties. It is not in dispute that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y. The Division Bench held that the provisions of Section 110 of the Act cannot restrict the petitioner from operating the Bank account and the relevant portion of the judgement is quoted below:- 6. Coming to Section 110(3) of the Act, it permits the authority to exercise power on seizure of any document or thing which, in the opinion of the authority, will be useful for, or relevant to, any proceeding under the Act. Emphasizing the use of the term `things' in the provision, it was submitted that when the same is read with definition of `goods' under Section 2(22) of the Act, as also the definition of the term `things' from the Black's Law Dictionary, it would also take within its sweep `currency', and in the circums .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nto any discussion on merits of the facts and evidence, suffice it to state that the averments made in the affidavit in reply do not carry the case of revenue any further. The Division Bench of the Karnatka High Court in Multitek Engineers (Supra) also observed that Section 110 of the Act does not enable an Investigating Officer to attach the Bank account. Learned Senior Counsel for the respondents has, however, referred paragraph 14 of the counter affidavit and has pointed out the circumstances which compelled the Senior Intelligence Officer in the the Department of Revenue Intelligence to impose the condition in the communication dated 5 June, 2014 sent to the ICICI Bank. The facts which may pursuade the respondents to issue such a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates