Provisional attachment under section 281B

     The existing provisions of sub-section (1) section 281B of the Act provide that the Assessing Officer, during the pendency of any proceeding for assessment or reassessment, in order to protect the interest of revenue may, with the previous approval of the Chief Commissioner of Commissioner, attach provisionally any property belonging to the assessee in the manner provided in the Second Schedule. Sub-section (2) of the said section provides that the provisional attachment shall cease to have effect after the expiry of six months provided that the Chief Commissioner or Commissioner may extend the period upto a total period of two years.

     It is proposed to amend the proviso to sub-section (2) so as to provide that the Chief Commissioner, Commissioner, Director General or Director may extend the period of provisional attachment so that the total period of extension does not exceed two years or upto sixty days after the date of assessment or reassessment, whichever is later.

     This amendment will take effect from 1st October, 2014.

[Clause 70]

Provisional attachment extension lets senior tax officials prolong attachments until completion of assessment or reassessment proceedings. Provisional attachment under section 281B allows the Assessing Officer, with prior approval, to attach an assessee's property to protect revenue; the existing proviso permits the Chief Commissioner or Commissioner to extend the six month attachment up to two years. The amendment adds Director General and Director to officials who may grant extensions and provides that the total extension cannot exceed two years or continue until a short period after assessment or reassessment, whichever is later, effective 1 October 2014.