Search Results for "Provisional Attachment"

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Search Results for "Provisional Attachment"

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High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Gujarat High Court Orders Release of Seized Goods and Defreezing of Bank Accounts Under GST Act After Expiry of One-Year Limitation Period. The court held that provisional attachment under Section 83(2) and seizure under Section 67(7) of the GST Act cannot continue beyond one year, directing the state to release goods and defreeze accounts.

9 Jan 2026

The petitioner, a partnership firm engaged in trading gold, silver, diamonds, and jewellery, had its premises searched on 09.03.2022 under Section 67(...

High Court

Bombay High Court Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

26 Mar 2019

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...

High Court

High Court of Karnataka Dismisses Enforcement Directorate's Appeals in PMLA Case — Appellate Tribunal's Order Restoring Attached Properties Upheld. The Court held that failure to file complaint under Section 8(3) of Prevention of Money Laundering Act, 2002 within statutory period renders provisional attachment orders invalid.

17 Oct 2025

The case involves four Miscellaneous Second Appeals filed by the Deputy Director, Directorate of Enforcement, Bangalore Zonal Office, under Section 42...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

High Court

High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor.

10 Jun 2024

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the ...

High Court

Gujarat High Court Quashes GST Attachment Order for Lack of Prior Notice Under Section 83 of CGST Act. Attachment of Bank Account Without Show Cause Notice Under Section 73/74 Held Illegal and Without Jurisdiction.

23 Feb 2026

The petitioner, Buckbox Infotech Private Ltd., a technology services provider registered under GST in Gujarat, challenged two attachment orders dated ...

Supreme Court

Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

7 Feb 2023

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

High Court

High Court of Karnataka Quashes Provisional Attachment Order in PMLA Case Due to Lack of Authorisation — Officer Not Empowered as Deputy Director Under PML Act, 2002. The court held that an officer designated as Deputy Director by internal office order without gazette notification is not competent to issue attachment orders under Section 48 of PMLA, 2002.

3 Jan 2022

The petitioners, including individuals and a company, challenged a provisional attachment order dated 28.09.2021 issued by the Deputy Director, Enforc...

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