TaxTMI 
TaxTMI 
2010 (2) TMI 109
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....ioner is the wife of Thiru V. Baskaran. The first respondent/bank by its communication dated February 18, 2003, has informed the petitioner that her fixed deposit for Rs.10 lakhs lying with the bank was attached by the Income-tax Officer, Central CIR II(4), Chennai, in the year 1997 as per section 226(3) of the Income-tax Act, 1961 in lieu of arrears of income-tax of her husband Baskaran and that the income-tax authorities have requested the first respondent/bank to remit the maturity proceeds of the fixed deposit to them and therefore a request has been made to the petitioner by the bank to get the attachment order withdrawn on or before February 22, 2003, failing which they may have to remit the amount to the concerned authorities. This c....
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....ed August 7, 1998, and M. P. No.13/MDS/ 2000 dated February 22, 2001 passed by the first respondent for the block assessment years 1987-88 to 1997-98 and consequently direct the Registry of the first respondent to list the appeal filed against the block assessment for hearing. The said writ petition has been dismissed by this court as with drawn without costs, in view of the endorsement made by the learned counsel for the petitioner to that effect on April 10, 2007. 5. The learned counsel for the second respondent/Income-tax Department submits before this court that there was a search under section 132 of Income-tax Act, 1961, in the case of the petitioner's husband V. Baskaran on September 24, 1996, and as such a notice as per section 1....
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.... she was not an income-tax assessee. 6. Later, the petitioner's husband V. Baskaran preferred an appeal before the Income-tax Appellate Tribunal and the appeal was dismissed by the Tribunal inasmuch as he had not paid the taxes on the disclosed income. Since the tax as per the assessment which was affirmed in appeal before the Income-tax Appellate Tribunal was not paid, the Assessing Officer attached the deposit which was transferred to the first respondent/Canara Bank by means of an issuance of notice as per section 226(3) of the Income-tax Act, 1961, dated December 1, 1997, and the notice was served on the bank on December 3, 1997, by means of a registered post/acknowledgment due. Moreover, the notice was not in force in view of the in....
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....003] 259 ITR 19 wherein it is held as follows (headnote): "When a notice under section 148 of the Income-tax Act, 1961, is issued, the proper course of action for the noticee is to file the return and, if he so desires, to seek reasons for issuing the notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order." 10. He also submits that when an alternative and equally efficacious remedy is open to a party under the Income-tax Act, 1961, then he/she should pursue only that remedy and not to invoke the special jurisdiction of this court and ....