It attachment vs. govt. lien in bank accounts

Kani (Querist) 15 May 2023 This query is : Resolved
Dear experts, bank has received an attachment notice from IT Office against a person'saccount, however, those deposit accounts mentioned in the IT attachment are also marked lien to various government departments.

Should I attach the bank accounts or release the same as they are marked lien?

Please advise

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This discussion addresses a bank's dilemma when an IT department attachment notice arrives for an account already marked with a government lien. The bank is concerned about potential complaints for freezing the account despite the existing lien. Experts advise clarifying the bank's standing and the nature of the lien, as a government lien generally takes precedence and prevents release until the debt is cleared.

Sudhir Kumar, Advocate (Expert) 16 May 2023
You are perhaps queryin on behalf of a bank?

Dr J C Vashista (Expert) 16 May 2023
What is your locus standi / concern and problem ?

Kani (Querist) 16 May 2023
My concern is now a complaint is filed against the bank for putting a hold on the account as per IT order, despite that the fact that there was government lien on the account.

Was the putting of hold in order or do we consider the lien and release the account. Please

T. Kalaiselvan, Advocate (Expert) 16 May 2023
Lien is generally applied for recovery of any charges which are due in the account or in case a temporary credited is posted in your account against Fraud/Dispute raised in the account.
If the account is already on lien on the instructions of government department, then until the account holder clearing the debts, the lien cannot be removed.
If lien cannot be removed then where is the question of release.
Your query is bit ambiguous, hence you may revert with more clarity for more proper opinion.

Sudhir Kumar, Advocate (Expert) 16 May 2023
You have not replied the question of Dr Vasistha.

Kani (Querist) 17 May 2023
I could not go into the specific details of the case because of personal reasons, however, I thank all the experts for their views esp. Adv. Kalaiselvan.

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