Mumbai: Attaching an individual’s bank accounts without due process amounts to a breach of civil rights that can effectively bring a ‘live death’ to business, the Bombay High Court observed while quashing a provisional attachment order issued by a Joint Commissioner of State Tax and imposed costs of Rs 25,000 on the officer.

A bench of Justices Girish Kulkarni and Aarti Sathe allowed a petition filed by Nivara Infradevelopers LLP challenging the January 23 order under the MGST/CGST Act, 2017, by which its bank accounts were attached.

Terming the action an “apparent abuse of the powers” vested in tax authorities, the court said, “We are of the opinion that the impugned attachment is required to be interfered [with] as the impugned action… has seriously breached the civil rights of the petitioner without following the due procedure of law.”

According to the plea, the Joint Commissioner issued a pre-attachment communication on January 23 and, on the very same day, proceeded to attach the firm’s accounts with Punjab National Bank and Saraswat Co-operative Bank Ltd, without waiting for a reply or granting a hearing.

The petitioner argued that the action was “high-handed, arbitrary and based on extraneous considerations,” pointing out that neither the pre-intimation notice nor the attachment order disclosed any opinion regarding alleged tax evasion or even specified the relevant period.

Under the law, the officer must form an opinion based on tangible material before ordering provisional attachment. The petitioner contended that no such exercise was evident.

On January 30, the firm submitted a detailed objection and even offered alternate security, but this was not considered and the attachment continued, it said.

The court noted that the state was unable to justify the action beyond what was stated in the attachment order. It also found “absolute vagueness” in the pre-intimation notice, observing that the “mandate and requirement of law has been given a complete go by” in taking such coercive steps.

Agreeing that the action appeared high-handed, the bench said that when “drastic” powers are conferred on authorities, they come with an “onerous duty” to strictly follow legal procedure, adding, “There cannot be a conscious departure from such mandatory requirements of law.”

“It is the rule of law which is taken to ransom by such officials when they knowingly breach the law, that too with impunity,” the court said, adding that adherence to procedure would prevent much litigation.

Calling it a “gross” case of breach of legal requirements, the court said the continued attachment for over three months deprived the petitioner of rights under Article 300A of the Constitution of India and put the business to a “live death”.

The court quashed the order and directed the officer to deposit Rs 25,000 with the Maharashtra State Legal Services Authority within two months, while granting liberty to issue a fresh show-cause notice based on tangible material.

Raj Thackeray, chief of the Maharashtra Navnirman Sena, inaugurated a special cricket tournament at the iconic Shivaji Park Gymkhana, celebrating the legacy of two of India’s finest cricketers: Vijay Manjrekar and Ramakant Desai.

The tournament, organised in Mumbai, serves as a tribute to the immense contributions made by Manjrekar and Desai to Indian cricket. Both players, who represented India national cricket team with distinction, are remembered for their skill, dedication, and lasting impact on the sport.

The event drew participation from budding talents as well as local cricket enthusiasts, turning Shivaji Park into a vibrant hub of sporting activity. Known as a cradle of Indian cricket, the venue has produced numerous stalwarts over the decades, making it a fitting location for a tournament of this significance.

With strong local support and enthusiastic participation, the tournament promises to be a celebration of cricketing excellence while keeping alive the memories of two icons who helped shape India’s cricketing journey.

Mumbai, Gold prices remained largely steady on Wednesday as improving prospects of easing geopolitical tensions between the United States and Iran kept investor sentiment in check.

During early trade, MCX gold May futures were marginally higher by 0.02 per cent at Rs 1,53,305 per 10 grams.

Commenting on gold technical outlook, experts said that a sustained move above Rs 1,55,000 could revive momentum toward Rs 1,57,000-Rs 1,58,000.

“On the downside, a break below Rs 1,54,000 may lead to a corrective move toward Rs 1,52,000 and further to Rs 1,50,000,” an analyst stated.

Silver prices, however, saw stronger buying interest, with MCX silver May futures rising 0.83 per cent to Rs 2,54,842 per kg.

“Resistance is placed at Rs 2,60,000–Rs 2,63,000, with further upside toward Rs 2,68,000–Rs 2,70,000,” a market expert said.

“A sustained move above these levels could strengthen momentum and support further gains. On the downside, a break below Rs 2,48,000 may lead to a corrective move toward the Rs 2,44,000–Rs 2,40,000 range,” as per an analyst.

In the previous session, gold had ended flat at Rs 1,53,216 per 10 grams, while silver futures slipped 0.1 per cent to Rs 2,25,499 per kg.

Globally, the yellow metal held on to its recent gains amid optimism that Washington and Tehran could move towards a negotiated settlement to the conflict that began on February 28.

The easing of tensions has reduced fears of a sharp energy-supply shock, which had earlier raised concerns about inflationary pressures.

Spot gold hovered near $4,850 an ounce after rising as much as 0.6 per cent during the session. The metal had surged over 2 per cent in the previous trading session on expectations that the US and Iran may soon hold a second round of ceasefire talks.

US President Donald Trump has indicated that negotiations could resume “over the next two days,” further boosting hopes of a diplomatic breakthrough.

Despite the recent stability, gold has faced pressure in recent weeks, falling nearly 8 per cent since the conflict began.

Early in the crisis, a liquidity squeeze prompted investors to offload bullion holdings to cover losses in other asset classes.