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Section
281B
PROVISIONAL ATTACHMENT TO PROTECT REVENUE IN CERTAIN CASES.
(1) Where, during the pendency of any proceeding for the assessment of
any income or for the assessment or reassessment of any income which has
escaped assessment, the Assessing Officer is of the opinion that for the
purpose of protecting the interests of the revenue it is necessary so
to do, he may, with the previous approval of the Chief Commissioner, 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 which has escaped assessment.
(2) Every such provisional attachment shall cease to have effect after
the expiry of a period of six months from the date of the order made under
sub-section (1) :
Provided that the Chief Commissioner, Commissioner, Director-General or
Director may, for reasons to be recorded in writing, extend the aforesaid
period by such further period or periods as he thinks fit, so, however,
that the total period of extension shall not in any case exceed two years
:
Provided further that where an application for settlement under section
245C is made, the period commencing from the date on which such application
is made and ending with the date on which an order under sub-section (1)
of section 245D is made shall be excluded from the period specified in
the preceding proviso.
Related Judgements
GANDHI
TRADING v. ASSISTANT COMMISSIONER OF INCOME TAX & ORsection
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