2014 (7) TMI 666

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..... this matter can be disposed of finally going by the statements and averments in the writ petition. 2. We have heard both the learned counsel. The grievance of the writ petitioner is in relation to the notice issued by respondent No.1 to respondent No.2 bank purporting to recover an amount of Rs. 28,56,464/- allegedly payable by respondent No.2 to the writ petitioner as the same is being held by second respondent. The second respondent has not raised any objection to the said notice. 3. The writ petitioner is maintaining a bank account with respondent No.2 and the amount is sought to be recovered from this account. Learned counsel for the petitioner says that this notice is illegal as no money is due and payable by the bank to the writ pet .....

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..... (a) the Central Excise Officer may deduct or may require any other Central Excise Officer or any officer of customs to deduct the amount so payale from any money owing to such person which may be under  the control of the said Central Excise Officer or any officer of customs; (b) (i) the Central Excise Officer may, by notice in writing, require any other person from whom money is due or may become due to such person, or who holds or may subsequently hold money for or on account of such person, to pay to the credit of the Central Government either forthwith upon the money becoming due or being held or at or within the time specified in the notice, not being before the money becomes due or is held, so much of the money as is sufficient .....

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..... ining unpaid and shall render the surplus amount, if any, to such person; (d) the Central Excise Officer may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on the business and the said Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue. (emphasis supplied by us) 6. On a close reading of the aforesaid Section, it appears it is one of the modes of recovery of the dues payable by debtor. The power given appears to be sweeping and wide in nature. Above provision obliges the third party (here Bank) to p .....

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