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2024 (6) TMI 287

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..... 2017 without serving notice under Section 74 - HELD THAT:- From the perusal of the reply, it is apparent that no notice under Section 74 of the Act of 2017 was issued to the petitioner and the account of the petitioner and his Electronic Credit Ledger have been locked which has resulted in that his entire business being affected. Attachment proceedings are of very serious nature and strong repercu .....

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..... A AND HON BLE MR. JUSTICE SUDEEPTI SHARMA PRESENT: - For the Petitioner : Mr. Rajiv Agnihotri, Advocate. For the Respondent-CBIC : Ms. Pridhi Sandhu, St. Panel Counsel. SANJEEV PRAKASH SHARMA, J (ORAL) CM NO. 9476 OF 2024 For the reasons mentioned in the application, application is allowed. Replication and other documents are taken on record. Main Case Learned counsel for the petitioner submits th .....

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..... f section 122, in such manner as may be prescribed. (2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). 2. We find that search and seizure action was taken against the petitioner in terms of Chapter XIV of the Act of 2017 and provisional attachment was thereafter ordered on 15.03.2024. The .....

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..... sort. While they may be required for the purpose of protecting the interest of the Revenue, the same needs to be taken to its logical end after search and seizure proceedings have been initiated under Chapter XIV of the Act of 2017. The Revenue was required to proceed further and issue notice under 74 of the Act of 2017 if anything was found of having committed any fraud or concealment. However, a .....

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