2016 (9) TMI 153

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.... taken up for final disposal at the admission stage itself. 2. This writ petition is filed by the petitioner, challenging the order of attachment passed by the first respondent, invoking the power under Rule 48 of the Second Schedule to the Income Tax Act, 1961 (hereinafter will be referred to as the Act ), thereby attaching the property being Flat Nos.3A & 3B, Third Floor, Lalah Towers, No.72, Nelson Manickam Road, Aminjikarai, Chennai  600 029, together with 8,940 sq.ft., of undivided share of land, out of 90,726 sq.ft., comprised in Survey Nos.12/1, 12/2, 17/2A in Vada Agaram Village, Chennai (hereinafter will be referred to as the subject-property ). 3. The attachment is on account of the failure on the part of M/s.RJK Investment....

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....recovery, it is pointed out that the recovery could be done only by attachment of sale of the defaulter's movable and immovable properties, apart from exercising the power to arrest and detain the person, in-prison, etc., Therefore, it is submitted by the learned counsel for the petitioner that the impugned order of attachment has to be quashed. 6. The learned counsel for the petitioner further pointed out that the petitioner has submitted a representation on 26.07.2016, pointing out the above facts and sought for raising the attachment. In the said representation, the petitioner brought to the notice of the first respondent about the properties owned by one Thiru.Venkatramanan, who is the partner of the firm and who is liable to pay t....