9911796707
|
Home
Issues:
- Application under section 230A of the Income-tax Act, 1961 - Arrears of tax and pending assessment proceedings - Provisional attachment of properties under section 281B of the Act - Delay in processing the application - Interpretation of liabilities under section 230A - Entitlement to certificate under section 230A Analysis: The petitioner applied for a certificate under section 230A of the Income-tax Act, 1961 to transfer a property in Madras. The first respondent informed the petitioner of tax arrears and pending assessment proceedings, leading to provisional attachment of the property. The petitioner contended that the application submitted on June 14, 1989, should have been granted within 60 days as per rule 44B. However, the court noted that an order of attachment was in effect during the relevant period, making the grant of the certificate unfeasible. The petitioner argued that the provisional attachment should not impede the grant of the certificate under section 230A. The court examined section 281B, which allows provisional attachment to protect revenue interests during pending assessment proceedings. As the assessment orders imposing significant tax liabilities were completed on March 30, 1990, the court emphasized the importance of preventing revenue loss. The court highlighted that the provisional attachment created a liability, restricting property transfer until assessments were finalized. Despite technical arguments, the court assessed the petitioner's entitlement to the certificate at the time of the judgment. With substantial tax liabilities imposed post-assessment, the court emphasized the need to interpret fiscal enactments to prevent revenue loss. The petitioner's delay in seeking relief and the absence of a deeming provision in rule 44B led the court to conclude that the petitioner was not entitled to the certificate under section 230A. Consequently, the court dismissed the writ petition, citing the lack of entitlement on the petition date.
|
