Provisional attachment of property pending adjudication [Section 28BA] :
1. Provisional attachment of property can be resorted to by the proper officer during the pendency of the following proceedings:
(i) Under section 28 in respect of cases not involving wilfull suppression, collusion etc. as well as in cases involving wilfull suppression, collusion etc.
(ii) Under section 28AAA in relation to fraudulent utilization of duty relatable to instruments issued under Foreign Trade (development and Regulation) Act. 1992.
(iii) Under section 28B in relation to duties collected from buyers but not deposited with the Central Government.
2. Such an attachment shall be done only when the proper officer is of the opinion that the attachment is necessary for the purpose of protecting the interests of revenue. However, a previous approval of the Principal Commissioner/Commissioner of Customs, by order in writing, is a prerequisite for such provisional attachment.
3. Such an attachment can be done for a period of 6 months. This period will commence from the date of the order of the Principal Commissioner/Commissioner of Customs permitting such provisional attachment.
4. However, this period may be extended by the Principal Chief Commissioner/Chief Commissioner of Customs by such further period or periods as he thinks fit. The reasons for such an extension shall be recorded in writing. It is to be noted that the total period of extension in any case shall not exceed 2 years.
5. If an application for settlement of a case under section 127B is made to the Settlement Commission, the period commencing from the date on which such an application is made and ending with the date on which an order under section 127C(1) is made shall be excluded from the extended period mentioned in point (4).