9911796707
TMI Blog2023 (3) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... f sixty days has expired. See Greenpeace India Society [ 2019 (2) TMI 1982 - KARNATAKA HIGH COURT] Accordingly, the impugned order at Annexures-F1 and F2 are not sustainable.The writ petition is allowed.The impugned notices are hereby quashed. - WRIT PETITION NO.56621 OF 2018 (GM-FE) - - - Dated:- 24-2-2023 - HON BLE MRS. JUSTICE K.S. HEMALEKHA For the Petitioner : (By Sri Prof. Ravivarma Kumar, Senior Advocate A/W Sri Jagadeesha B.N., Advocate) For the Respondents (By Sri H. Jayakara Shetty, Senior CGS for R-2) ORDER The petitioner in this writ petition is seeking the following prayers: (i) to declare that Section 37 of FEMA read with Section 132(1)(C) of the Income-tax Act, 1961 is ultra vires of Articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. 3. Pursuant to which, the bank accounts of the petitioner in HDFC Bank and Kotak Mahindra Bank were frozen by a Government Order without any notice to the petitioner by the 2nd respondent. It is stated that the actions taken up by the 2nd respondent issuing directions to the HDFC Bank and Kotak Mahindra Bank to stop the operation of the petitioner s bank account is in violation of Section 132 of Income Tax Act, 1961. 4. Aggrieved by the action of the 2nd respondent and issuance of directions dated 25/10/2018 at Annexures-F1 and F2, the present writ petition is preferred. 5. Heard learned senior counsel, Prof. Ravivarma Kumar appearing along with Sri Jagadeesha B.N. learned counsel for the petitioner and Sri H. Jayakar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the matters. 6. The said submission is taken on record. 7. In light of the order in Greenpeace India Society stated supra, confirmed in the Writ Appeal No.1090/2019 the questions involved therein is no more res integra. The learned senior counsel for the petitioner has taken this Court to the provisions of limitation clause under the provisions of Sections 132(iii)(3) and (8)A of the Income Tax Act, 1961 and the same reads as under: 132. xxx xxx xxx (iii) seize any such books of account, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search: Provided that bullion, jewellery or other valuable article or thing, being stock-in-trade of the business, found as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
