It attachment order on bank account
Querist :
Anonymous
(Querist) 15 November 2011
This query is : Resolved
An IT attachment order was issued in the year 2004 for attching the bank accounts of a defaulter.The bank froze his accounts and paid him the amount in the year 2008 when he produced a no objection certificate from the ITO.
Now,as per IT Act ,the attachment order can not exceed total duration of two years.In this case can the bank be penalised for not refering to the sunset clause and delaying payment to the customer.
Sankaranarayanan
(Expert) 15 November 2011
What purpose the ITO given no objection letter . You mean for operation of existing account. If any reason the bank account been attaching and paid the arrier or demand , the concern office issue the order .
You can t file any case against the bank, because as per the RBI guideness.
Guest
(Expert) 15 November 2011
What has been the exact order on attachment. Normally, an attachment order is not enforced for more than 24 months at a time for the same decree order?
Rajeev Kumar
(Expert) 15 November 2011
I agree with mr. Dhingra
prabhakar singh
(Expert) 15 November 2011
"Now,as per IT Act ,the attachment order can not exceed total duration of two years."
Is a fact already known to you.Then the no objection or release of attachment or any application to bank was given just after 24 months or 02 years or not is a question????
prabhakar singh
(Expert) 15 November 2011
I do not think if no representation was made
to bank just after 02 years of attachment with reference to provisions in writing ,the bank could be held liable.
Querist :
Anonymous
(Querist) 16 November 2011
The bank had not got any information from the IT department about the tenure of attachment.According to them whenevr they got the NOC from the IT deppt they removed the attachment.however,the customer did informed the bank about the clause in IT Law.
Guest
(Expert) 16 November 2011
The bank should have known the law about attachment. It is unbelievable that a bank may not be knowing about the law on attachment, when banks have to deal with attachments of various accounts on day to day basis. Had some officer of the bank not been aware of the provisions of law, he would have tried to check duration of attachment by seeking clarification from the concerned authority ordering attachment.
In my views, the bank is quite liable to be held accountable for enforcing attachment for indefinite period on account of IT liabilities.
You should also have asked for a copy of attachment order, if you have not received.
Querist :
Anonymous
(Querist) 17 November 2011
the attachment order was iniated on 24.3.2004 as per section 281 B of IT Act 1961.It was revoked vide IT letter to the bank on 23.01.2008 as per section 226.
should the attachment order become null and void after two years from 24.03.2004 as per sub sections of sec 281B in absense of any communication from IT authorities or the date of revoking the order be taken as 23.01.2008.
