Provisional attachment: permits assessing officer with approval to attach assessee property pending assessment, revocable by bank guarantee. The Assessing Officer, with prior approval of the Competent Authority, may provisionally attach an assessee's property during specified assessment or penalty proceedings to protect revenue; such attachment expires after an initial period but may be extended within prescribed aggregate limits. A bank guarantee from a scheduled bank for an amount not less than the property's fair market value will require revocation of the attachment, though a lower guarantee may be accepted if sufficient. The Assessing Officer may obtain a fair market valuation from the Valuation Officer, invoke the guarantee to satisfy unpaid demand or on failure to renew, adjust realised amounts against the demand, and release the guarantee when no longer needed.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Provisional attachment: permits assessing officer with approval to attach assessee property pending assessment, revocable by bank guarantee.
The Assessing Officer, with prior approval of the Competent Authority, may provisionally attach an assessee's property during specified assessment or penalty proceedings to protect revenue; such attachment expires after an initial period but may be extended within prescribed aggregate limits. A bank guarantee from a scheduled bank for an amount not less than the property's fair market value will require revocation of the attachment, though a lower guarantee may be accepted if sufficient. The Assessing Officer may obtain a fair market valuation from the Valuation Officer, invoke the guarantee to satisfy unpaid demand or on failure to renew, adjust realised amounts against the demand, and release the guarantee when no longer needed.
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