2021 (4) TMI 970 - HC - GST

Provisional attachment of bank account of the petitioner - HELD THAT - The petitioner has made certain adhoc payments pending investigation as a consequence of which the attachment of the bank account of the petitioner i.e. Mutharamman Iron and Steels has been lifted. The challenge to the provisional attachment does not survive any longer and recording the aforesaid, this writ petition is closed.

Summary

Issues:
Challenge to provisional attachment of bank account pending investigation.

Analysis:
The High Court of Madras, presided over by Dr. Justice Anita Sumanth, addressed a writ petition challenging the provisional attachment of a bank account during ongoing investigation proceedings. Initially, the petitioner's counsel highlighted that all bank accounts of the petitioner had been attached, severely impacting their business operations. In response, the court suggested that a partial release of certain accounts, adequate to safeguard the revenue's interests, could be considered while keeping some accounts under attachment. The court directed the petitioner to approach the respondent with a specific request in this regard, with instructions for prompt action within a week of the petitioner's appearance.

Subsequently, it was revealed that the petitioner had made adhoc payments while the investigation was ongoing, leading to the lifting of the attachment on the bank account of Mutharamman Iron and Steels. Given this development, the court noted that the challenge to the provisional attachment was no longer relevant. Consequently, the court decided to close the writ petition along with the connected miscellaneous petitions, without imposing any costs on either party.

In conclusion, the court's decision to close the writ petition stemmed from the petitioner's actions in making adhoc payments, resulting in the lifting of the bank account attachment. The court's initial directive to consider releasing some accounts for business continuity was rendered moot by the petitioner's subsequent actions, leading to the dismissal of the challenge to the provisional attachment.