9911796707
TMI Blog2016 (5) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... till such time as the Petitioner's application is disposed of by the next superior of the Assessing Officer i.e.Additional Commissioner/ Commissioner and for the period of three weeks thereafter. This is only to enable the Petitioner to take recourse to such legal remedies as may be advised; The attachment made by the order dated 28th March, 2016 being Exh.A1 to A5 is not disturbed by this order. They continue. Only the Revenue will not act upon it to take any further action in the manner provided in the Second Schedule to the Act, for the period as mentioned herein above at (ii); The Petitioner will file an undertaking not to dispose of and/or alienate the property, which are subject to attachment by order dated 28th March, 2016 bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution of India, challenges orders dated 28th March, 2016 being Exh. A1 to A6 issued under Section 281B of the Income Tax Act, 1961 (the Act). The impugned order dated 28th March, 2016 attaches the Petitioner's immovable property as well as movable property as listed out in Exh. A1 to A6. 2. On 12th April, 2016, this Petition was on board for urgent relief. After hearing the parties, we directed that the attachment of business receivables as listed out in the order date 28th March, 2016 being Exh. A6 to the Petition be vacated. This was by following the decision of this Court in Gandhi Trading v/s. Assistant Commissioner of Income Tax Others 239 ITR 337. The setting aside of the order dated 28th March, 2016 being Exh. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispose of the attached property during the existence of the impugned order dated 28th March, 2016 being Exh. A1 to A6. 6. In the above view, as the parties are agreed to the above course of action, we give the following further directions: (i) In the event the Assessing Officer decides the stay application against the Petitioner, then in terms of the CBDT instructions, an application to the next superior authority i.e. Additional Commissioner and/or the Commissioner would be filed by the Petitioner within one week from the date of the Assessing Officer's order, rejecting the stay application being communicated to the Petitioner; (ii) The Respondent-Revenue will not act further upon the impugned notice dated 28th March, 2016 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied that the time during which the Revenue is unable to act further upon the orders of attachment dated 28th March, 2016 being Exh. A1 to A5, because of pendency of this Petition and disposal of the Petitioner's application within the aforesaid time frame, would be excluded for the purpose of computing the life of the orders of attachment under Section 281B (2) of the Act. 7. All contentions left open. 8. We make it clear that this order has been passed on the basis on consensus between the parties. There was no occasion for us to examine the issue whether the filing of stay application from an Assessment Order till the disposal of the stay application would by itself fetter the powers of the Revenue to act upon/ implement the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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