Delhi High Court - Orders
Borneo Logistics Pvt. Ltd vs The Central Board Of Direct Taxes & Ors on 26 May, 2022
Author: Manmohan
Bench: Manmohan, Manmeet Pritam Singh Arora
$~A-13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 463/2022
BORNEO LOGISTICS PVT. LTD. ..... Petitioner
Through: Mr. Avinash Poddar, Advocate.
versus
THE CENTRAL BOARD OF DIRECT TAXES & ORS.
..... Respondents
Through: Mr.Sanjay Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 26.05.2022 Today, learned counsel for the respondent-revenue has handed over a photocopy of the e-mail dated 25th May, 2022 received by him from Delhi DDIT [Investigation], Unit-5[4], New Delhi. The said e-mail reads as under:-
"Sir, The provisional attachment u/s 132(9B) was done on 25.11.2021 which ceases to exist after six months from the date of the order i.e. 24.05.2022.
In this case the appraisal report was sent to Central Circle 26, New Delhi on 11.04.2022. After coordinating with the DCIT, Central circle 26 and the respective DCIT of M/s Borneo Logistics Private Limited, it was found that the assessing officer has provisionally attached, u/s 281B of the Income Tax Act, the same on 24.05.2022. After the expiry of 180 days from the order u/s 132(9B) the Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:27.05.2022 19:45:16 provisional attachment became infructuous. However, the provisional attachment was done in following conditions.
1. During the search Sh.Aditya Kumar Jha against whom search action was conducted u/s 132 of the Income Tax Act, 1961 accepted that he has been using the bank account of M/s Borneo Logistics Pvt. Ltd. to route and remit money.
2. An excel sheet was found in Macbook of Sh. Aditya Kumar Jha from which the name of "Borneo" could be seen to be used for rotation of money. Further, when Sh. Aditya Kumar Jha was asked which entities he used for routing the money. He names M/s Borneo Logistics Pvt. Ltd. as one of the entities.
3. As per the submission of the M/s Borneo Logistics Pvt. Ltd. following could be seen:
a. The company started operation in November, 2019 and within few months the turnover of the company increased to few crores.
b. The company declared the income of meager of Rs.89,930/- in it's ITR which it filed for A.Y. 2020-21. c. The company has not disclosed this bank account in it's ITR which was provisionally attached to protect the interest of the revenue.
The provisions of section 132(9B) was introduced deliberately to check the fly by night operators whereby revenue needed to be secured. Further, the assessee has to go through the assessment proceedings for finalization of the liabilities. Attachment u/s 132(9B) is only a provisional attachment to secure the revenue."
The respondent-revenue is directed to supply a copy of the order passed under Section 281B of the Income Tax Act, 1961 ('the Act') to learned counsel for the petitioner within a week.
At this stage, learned counsel for the petitioner states that he would like to withdraw the present writ petition with liberty to file a comprehensive writ petition challenging the attachment order passed under Section 281B of the Act.
Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:27.05.2022 19:45:16With the aforesaid liberty, the present writ petition stands disposed of.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J MAY 26, 2022 TS Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:27.05.2022 19:45:16