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
Income Tax - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

Seeking directions to de-freeze the bank accounts - The court ...


Court Rules Bank Account Freeze Cannot Exceed 60 Days; Orders Immediate Defreeze Due to Lack of Justification.

May 9, 2024

Case Laws     Income Tax     HC

Seeking directions to de-freeze the bank accounts - The court carefully examined the relevant provisions of the Income Tax Act and found that the freezing of bank accounts cannot extend beyond sixty days from the date of the order. Despite being given opportunities to justify their actions, the respondents failed to provide sufficient reasons for the continued freeze. Therefore, the court declared the letter freezing the accounts unenforceable beyond the sixty-day period and directed the immediate defreezing of the accounts.

View Source

 


 

You may also like:

  1. Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

  2. The HC dismissed appellants' application for de-freezing bank accounts, clarifying that no debit freeze exists according to the Enforcement Directorate (ED). The Court...

  3. The High Court held that the action of the respondents in freezing the bank account of the petitioner without any pending proceedings under the Act was illegal and...

  4. Dishonor of cheque due to account being frozen/blocked by order of IT department does not attract liability u/s 138 of Negotiable Instruments Act. For an offense u/s...

  5. Seizure and attachment of the bank account - Since it is an admitted fact that the subject matter bank account is not so far issued with any order of attachment or...

  6. The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the...

  7. Money Laundering - proceeds of crime - Freezing of bank accounts of petitioner - This Court is of the considered view that though there is power to direct freezing of...

  8. Freezing of Bank Account of petitioner - non-release of the export shipment made by the petitioner - Since the petitioner has not given separate representation for...

  9. Attachment of the immovable properties and bank accounts of the Petitioner - expiry of a period of one year from the date of the order made under Section 83(1) - After...

  10. HC partially lifted provisional attachment orders on bank accounts in tax liability dispute. Account in HDFC Bank Limited was completely unfrozen, while State Bank of...

  11. Challenge to order allowing the Enforcement Directorate (ED) to retain/seize/freeze documents, digital records, bank accounts seized during search conducted on...

  12. HC ruled bank accounts constitute "property" subject to provisional attachment under Section 281B of the Income Tax Act. The term "any property" in Section 281B(1)...

  13. Defreezing of Bank Accounts of petitioner (third party) - freezing of account on the ground of illegally availed IGST refund of an exporter was deposited in the bank...

  14. Freezing of Bank Accounts - bogus addresses for the purposes of claiming IGST refunds - the power to freeze or suspend operations of a bank account cannot legally be exercised.

  15. The appeals under PMLA were allowed. The freezing/attachment order would continue during the investigation period of 365 days or pendency of the case before the Court...

 

Quick Updates:Latest Updates