9911796707
TMI Blog2013 (9) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners claim to be engaged in import and export of steel, ferro alloys, welding electrodes, agricultural equipments with spares and for their manufacturing activities, but on surprise visit the respondent no.2 found that there is manufacturing activities of production of chewing tobacco through four numbers of FFS machines. The said authorities further found that the said machines are in running condition and the petitioners did not declare those machines to the Central Excise Department meaning thereby no registration was taken. The plant and machines were seized by the respondent authorities. Subsequently, an order was passed by the respondent authorities to the concerned banks of the petitioners not to allow any operation through th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by the petitioners cannot come into aid because of the distinguishing features as in the said case the goods were confiscated and further action was required to be taken under Section 124 of the Customs Act, 1962. It is not in dispute that Section 121 of the Customs Act provides for confiscation of the sale proceeds of the excisable goods sold by a person having knowledge or reasons to believe that such goods are excisable goods. It has further come from the submission of the respondents that the goods manufactured by the petitioners attracts the fixed amount of excise duty on each machine per month and, therefore, to safeguard the interest of the revenue, the sale proceeds can be confiscated by invocation of the provisions contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no provision in the Customs Act for interim attachment of bank account pending investigation." (emphasis supplied) It is further echoed in the case of Raghuram Grah Private Limited (supra) that there is no provision under the Act which confers power on the authority to freeze the bank account in the pending investigation. In view of the law as stated above, I have no hesitation but to hold that power to pass an interim order of attachment of the bank account is not contemplated under Section 121 of the Customs Act and, therefore, the account of the authorities in suspending the operation of the bank account pending investigation is not sustainable. However, the authorities are free to take appropriate steps as provided under the law aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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