Benefit of Suo moto extension order passed by the SC for the Covid period cannot be taken by the Department

Last updated: 09 October 2021

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The Calcutta High Court ruled that a provisional attachment order under the PMLA Act, which expired after 180 days, could not be deemed extended by a general Supreme Court order concerning COVID-19 limitations. The court found the department could not justify claiming the benefit of the Supreme Court's suo moto extension as they were neither a litigant nor an advocate facing filing difficulties.

Court :
Calcutta High Court

Brief :
In Gobindo Das & Ors. v. Union of India &Ors. [W.P. A No. 11578 of 2021 dated October 01, 2021], Gobindo Das ("the Petitioner") has filed the current writ petition challenging the Provisional Attachment order dated December 11, 2020 ("impugned provisional attachment order") wherein bank accounts of the Petitioner was attached under Section 5(1) of The Prevention of Money Laundering Act, 2002 ("the PMLA Act") on the ground that the impugned order has ceased to be valid and lost its force after expiry of 180 days on June 9, 2021 under Section 5(3) of the PMLA Act. Neither has any formal order for confirmation or extension of the impugned provisional attachment order been passed to that effect.

Citation :
W.P. A No. 11578 of 2021 dated October 01, 2021

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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