Madras High Court
M/S.Lalitha Jewellery Mart Private ... vs The Deputy Director Of Income Tax ... on 22 August, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.3053 and 3058 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2024
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.3053 and 3058 of 2022
and
W.M.P.Nos.3207, 3211, 3214 and 3217 of 2022
1. M/s.Lalitha Jewellery Mart Private Limited,
Rep by its Director,
P.Rajeswaran
No.123, Usman Road, Panagal Park,
T.Nagar,
Chennai – 600 017. ... Petitioner in W.P.No.3053 of 2022
2.Mr.Moolchand Kiran
Kumar Jain ... Petitioner in W.P.No.3058 of 2022
Vs.
1.The Deputy Director of Income Tax (Investigation),
Office of the Deputy Commissioner of Income Tax
Unit – 2(2),
No.108, Nungambakkam High Road,
Chennai – 600 034.
2.The Deputy Commissioner of Income Tax,
Office of the Deputy Commissioner of Income Tax,
Central Circle – I (4),
121, M.G.Road, Nungambakkam,
Chennai – 600 014. ... Respondents in both W.Ps.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.3053 and 3058 of 2022
Prayer in W.P.No.3053 of 2022: Writ Petition filed under Article 226 of
the Constitution of India, for issuance of a Writ of Certiorari, to call for
the records of the respondent in passing the impugned Provisional
Attachment Orders dated 08.01.2022 in;
(a) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561669(1)
(b) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561704(1)
(c) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561732(1)
(d) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561818(1)
(e) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561848(1)
(f) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561886(1)
(g) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561948(1)
(h) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561961(1)
(i) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561971(1)
(j) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561982(1)
(k) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561996(1)
(l) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562042(1)
(m) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562052(1)
(n) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562056(1)
(o) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562061(1)
(p) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562070(1)
(q) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562076(1)
(r) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562085(1)
(s) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038562090(1)
Prayer in W.P.No.3058 of 2022: Writ Petition filed under Article 226 of
the Constitution of India, for issuance of a Writ of Certiorari, to call for
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W.P.Nos.3053 and 3058 of 2022
the records of the respondent in passing the impugned Provisional
Attachment Orders dated 08.01.2022 in;
(a) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561250(1)
(b) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561324(1)
(c) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561368(1)
(d) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561401(1)
(e) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561488(1)
(f) DIN and Order Nos.ITBA/COM/F/17/2021-22/1038561533(1)
For Petitioner : Mr.N.Murali Krishnan
(in both W.Ps) Senior Counsel for
MC Gan Law Firm
For Respondents : Mr.ANR.Jaya Pratap
(in both W.Ps) Junior Standing Counsel
COMMON ORDER
These writ petitions have been filed by the petitioner/company and its Managing Director against the impugned attachment notice issued on 08.01.2022 under Section 281B of the Income Tax Act, 1961. At that point of time, the assessments were still pending.
2. The learned counsel for the petitioner would submit that these orders are valid initially for a period of six months or for a further period https://www.mhc.tn.gov.in/judis 3/7 W.P.Nos.3053 and 3058 of 2022 of two years under the proviso. It is submitted that during the pendency of the proceedings, assessment orders have been passed on 26.09.2022 and on 31.03.2023 for the Assessment Years 2015-2016 to 2021-2022.
3. It is submitted that 60th day expired on 31.05.2023 and therefore these orders of attachment has to be vacated. However, the respondents are not vacating the impugned order of attachment.
4. Having considered the arguments advanced by the learned Senior Counsel for the petitioner and the learned Junior Standing Counsel for the respondents.
5. It is noticed that the impugned attachment orders ceased to exists as the currency of an order passed under Section 281B of the Income Tax Act, 1961 on 60th day from the date of passing of the assessment order. In this case, the assessment orders were passed on 26.09.2022 and on 31.03.2023. More than 60 days have gone by since then. Under these circumstances, the impugned attachment orders are declared as having no effect and therefore there is no impediment on the petitioner to deal with https://www.mhc.tn.gov.in/judis 4/7 W.P.Nos.3053 and 3058 of 2022 the property in the manner known to law. However, liberty is also given to the Department to proceed against the property in the manner known to law.
6. These writ petitions are closed with the above observations. No costs. Consequently, the connected writ miscellaneous petitions are closed.
7. Registry is directed to transmit the copy of this order to the jurisdictional Sub Registrar's Office for suitable action.
22.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas To
1.The Deputy Director of Income Tax (Investigation), Office of the Deputy Commissioner of Income Tax https://www.mhc.tn.gov.in/judis 5/7 W.P.Nos.3053 and 3058 of 2022 Unit – 2(2), No.108, Nungambakkam High Road, Chennai – 600 034.
2.The Deputy Commissioner of Income Tax, Office of the Deputy Commissioner of Income Tax, Central Circle – I (4), 121, M.G.Road, Nungambakkam, Chennai – 600 014.
C.SARAVANAN, J.
jas https://www.mhc.tn.gov.in/judis 6/7 W.P.Nos.3053 and 3058 of 2022 W.P.Nos.3053 and 3058 of 2022 and W.M.P.Nos.3207, 3211, 3214 and 3217 of 2022 22.08.2024 https://www.mhc.tn.gov.in/judis 7/7