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TMI Blog2015 (7) TMI 595X X X X Extracts X X X X X X X X Extracts X X X X ..... an order determining the amount due and payable by the petitioner. Such a situation having not arisen as there is no conclusion of the proceeding, Section 87 is inapplicable. - 2nd respondent was not justified in invoking Section 87(b )( iii) of the Act to direct the Banks not to permit withdrawal of monies from the Accounts of the petitioner maintained in ING Vysya Bank, Hyderabad and a Branch a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut considering the explanation and concluding the proceeding, nevertheless addressed a correspondence dt . 11.3.2013 Annexure-C to the Manager, ING Vysya Bank, Banjara Hills Branch, Hyderabad and to the Manager, ING Vysya Bank, Bangalore, requiring the Banks to ensure that no amount is withdrawn or transferred from the said accounts maintained in the name of the petitioners until the dues are paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial provision in the matter of provisional attachment by order and in writing, of any property belonging to the person on whom notice is served under subsection (1) of Section 73 and the proceeding pending and if in the opinion of the Central Excise Officer, for the purpose of protecting the interest of the revenue, it is necessary so to do subject to securing the prior approval of the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2nd respondent, then Section 73-C of the Act comes into play in the matter of provisional attached of the properties belonging to the petitioner. The contention that Section 87(b )( iii) of the Act is applicable, in my considered opinion, is without merit, since it applies only after a proceeding under Section 73 is concluded by an order determining the amount due and payable by the petitioner. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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