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TMI Blog2012 (9) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... e his bank accounts - application disposed off. - WP No.677 of 2012 - - - Dated:- 19-9-2012 - INDIRA BANERJEE, J Mr. Arijit Chakraborty, Adv. : for the apellant Mr. Kaushik Dey, Adv : for the respondent JUDGMENT: The Court: This writ petition is directed against the action of the respondent authorities in not allowing operation of bank account No.909020033165657 of the petitioner with Axis Bank Ltd., Lake Town Branch, Kolkata. The petitioner is apparently the proprietor of M/s Tara India and is engaged in the business of export and import. It is claimed that the petitioner has, as the proprietor of M/s Tara India been issued a valid Import Export code by the Directorate General of Foreign Trade, Kolkata Zonal Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer Department of Revenue Intelligence that due to shifting of office of M/s. Tara India to its present address at A/K/2 Jyangra, VIP Road, Teghoria, Kolkata 700 059, the documents were not readily traceable. If the document were urgently required the same might be obtained from the customs, M.C.D. Department. Receipt of the aforesaid letter has not been disputed in the affidavit in opposition filed on behalf of the Revenue. The Department of Revenue Intelligence is undoubtedly entitled to proceed with the investigation and take appropriate action against the petitioner in accordance with law. The only question is whether at this stage of investigation bank accounts could have been frozen. May be as argued by Mr. Dey, bank accounts were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lation to any goods means any act or omission which will render such goods liable to confiscation under Section 111 or Section 113. However, as of date there is no adjudication to the effect that sale proceeds in respect of goods liable to confiscation under Section 111 or 113 are lying in deposit in the bank account. Section 142A which provides that notwithstanding anything to the contrary contained in any Central Act or State Act, any amount of duty, interest or any other sum payable by an assessee or any person under the Customs Act save as otherwise provided in Section 529A of the Companies Act, 1956, the Recovery of Debts Due to Banks and the Financial Institutions Act, 1991 and Securitization and Reconstruction of Financial Assets and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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