Rule 5. Manner of Provisional Attachment of Property

Official text

Rule 5. Manner of Provisional Attachment of Property. —

(1) Where the Settlement Commission orders attachment of property under sub-section (1) of section 127D, it shall send a copy of such order to the Principal Commissioner of Customs or the Commissioner of Customs, as the case may be or the Commissioner of Central Excise having jurisdiction over the place in which the applicant owns movable or immovable property or resides or carries on his business or has his bank account.

(2) On receipt of the order referred to in sub-rule (1), the Principal Commissioner or Commissioner may authorise any officer subordinate to him and not below the rank of an Assistant Commissioner of Customs or an Assistant Commissioner of Central Excise, as the case may be, to take steps to attach such property of the applicant.

(3) The officer authorised under sub-rule (2) shall prepare an inventory of the property attached and specify in it, in the case of the immovable property the description of such property sufficient to identify it and in case of the movable property, the place where such property is lodged or kept and shall hand over a copy of the same to the applicant or to the person from whose charge the property is attached.

(4) The officer authorised under sub-rule (2) shall send a copy of the inventory so prepared each to the Principal Commissioner of Customs or the Commissioner of Customs, as the case may be or the Principal Commissioner or Commissioner of Central Excise, as the case may be, and also to the Settlement Commission.