9911796707
TMI Blog1995 (7) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... des thus: "Provisional attachment of property to protect revenue in certain cases.- (1) Where, during the pendency of any proceeding for the assessment of any turnover or for the assessment or reassessment of any turnover which has escaped assessment, the assessing authority is of the opinion that for the purpose of protecting the interest of the revenue it is necessary so to do, he may with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be invoked are indicated in the main body of the section and they are: (i) pendency of any proceedings for the assessment of any turnover; or (ii) for the assessment or reassessment of turnover which has escaped assessment. This power can be invoked in a case where the assessing authority is of the opinion that for the purpose of protecting the interest of the Revenue it is necessary so to do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment of turnover or assessment or reassessment of escaped turnover, are pending. In a case where the assessment proceedings have been completed and the assessee has filed an appeal against the order of assessment and the appellate authority has granted conditional stay for recovery of the tax assessed, the power under section 17-B cannot be invoked. Such an exercise of power will be wholly cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said orders the petitioner, it is stated, has furnished bank guarantee on November 11, 1993. However, the Commercial Tax Officer, the first respondent herein, has issued the impugned order of attachment. Sri Srinivasa Reddy, the learned counsel for the petitioner, contends that the impugned order is wholly arbitrary and unsustainable. Learned Government Pleader however made an attempt to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Additional Commissioner and Joint Commissioner requiring the petitioner to give bank guarantee for half of the amount in question. Therefore there is no need again to issue the impugned order. Be that as it may, even if all other requirements of section 17-B are satisfied, in our view the impugned notice cannot be sustained while the conditional order of stay granted by the competent authority is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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