9911796707
TMI Blog2001 (5) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... 998, passed by the Income-tax Officer, Ward-2, Gurgaon, under section 281B of the Income-tax Act, 1961 (for short "the 1961 Act"), read with rules 20, 22 and 26 of the Second Schedule appended to the Act for provisionally attaching the petitioner's FDR account in the Oriental Bank of Commerce, Gurgaon. A perusal of the record shows that by an award dated March 23, 1993, the Land Acquisition Coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount released by the State Government in a fixed deposit with the Oriental Bank of Commerce. The same has been provisionally attached by the respondent. The petitioner has questioned the authority of the respondent to pass the order under section 281B on the ground that as on December 1, 1998, proceedings for the assessment or reassessment of his income were not pending before any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Commissioner, Director-General or Director, by order in writing, attach provisionally any property belonging to the assessee in the manner provided in the Second Schedule. Explanation.-For the purposes of this sub-section, proceedings under sub-section (5) of section 132 shall be deemed to be proceedings for the assessment of any income or for the assessment or reassessment of any income whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o." A reading of the provisions quoted above shows that an order of provisional attachment passed under section 281B(1) ceases to operate after the expiry of six months from the date of the order. However, under the first proviso to section 281B(2), the Chief Commissioner, Commissioner, Director-General or Director can extend that period by such further period or periods as he may think fit, bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ends of justice would be served by granting a declaration that the order of provisional attachment will cease to operate with effect from May 31, 2001. Hence, the writ petition is disposed of with a declaration that the provisional attachment of the FDR account of the petitioner will cease to operate with effect from May 31, 2001. However, this will be subject to the order, if any, passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
