The Tax Publishers2020 TaxPub(DT) 2105 (Guj-HC) : (2020) 315 CTR 0467 : (2020) 275 TAXMAN 0572

INCOME TAX ACT, 1961

Section 132

Where pursuant to a search action, revenue passed an order under section 132(9B), whereby, the Fixed Deposit Receipts (FDRs) of petitioner were provisionally attached, keeping said order alive petitioner was granted liberty to operate its bank accounts as the same were not freezed.

Search and seizure - Validity of order passed under section 132(9B) - Fixed Deposit Receipts (FDRs) of petitioner were provisionally attached -

Pursuant to a search action, revenue passed an order under section 132(9B), whereby, the Fixed Deposit Receipts (FDRs) of petitioner were provisionally attached. Held: It was held that order of provisional attachment shall continue to operate in accordance with law. As bank accounts were not freezed or attached by department, it was open for writ applicant to operate such bank accounts / limits in accordance with law. If the department wanted to initiate any fresh action including the action of further provisional attachment, it was open for them to do so in accordance with law.

REFERRED :

FAVOUR : Partly in favour of petitioner

A.Y. :



IN THE GUJARAT HIGH COURT

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT