December, 2018 passed by the Assessing
Officer of provisional attachment under Section 281B of the Act,
be set aside;
(b) notices dated 19th December ... that the impugned notices under
Section 226(3) of the Act make reference to an attachment under
Section 281B of the Act by an order
December, 2018 passed by the Assessing
Officer of provisional attachment under Section 281B of the Act,
be set aside;
(b) notices dated 19th December ... that the impugned notices under
Section 226(3) of the Act make reference to an attachment under
Section 281B of the Act by an order
Valerius Industries vs Union Of India on 28 August, 2019
Equivalent citations: AIRONLINE 2019 GUJ
order made
under sub-section(1).”
8. A bare perusal of the provision of Section 281B of the Act would reveal
that it provides ... before issuing attachment under this provision is not
envisaged in this section. Section 281B of the Income Tax Act, 1961 is akin to
attachment before
manner
provided in the Second Schedule."
16. Under sub-section (1) of section 281B of the Act thus, where
during the pendency ... judgment. They have
provisional applicability and in terms of sub-section (2) of section
281B of the Act, a limited life. Such powers must, therefore
ASIDE
THE PROVISIONAL ATTACHMENT ORDER DATED 27.12.2018
PASSED UNDER SECTION 281B OF THE INCOME TAX ACT, 1961
BY THE R-1VIDE ANNEXURE ... petitioner has challenged the provisional
attachment order dated 27.12.2018 passed under
Section 281B as well as the Assessment order dated
28.12.2018 passed under Section
Assessing Officer or Tax Recovery Officer.
8.2 As per Section 281B of Income Tax Act, 1961 the assessing
officer during the pendency of any proceeding ... While dealing with power of attachment of property under
Section 281B of Income Tax Act, Bombay High Court in the case of
Gandhi Trading
against any indiscriminate use, the Board desires
that the provisions of Section 281B should be resorted to only in
cases where there is a reasonable ... Section
281-B of the Act. The following observations in the said decision explain
the legal position:
"9. A plain reading of Section 281B
order bearing NCC-14(1)/ACIT/281B/2018-19 issued under Section
281B of the Income Tax Act, 1961, for PAN:ABWFS7833A, for assessment year ... order bearing
NCC-14(1)/ACIT/281B/2018-19 issued under Section 281B of the Income Tax Act,
1961, for PAN:ABWFS7833A, for assessment year
pointed out that the department has passed provisional attachment orders
under section 281B in respect of properties with a value of over Rs 200 crores ... third point is that so far as attachment orders under
section 281B are concerned, these are only for attachment of the properties and the
physical
