TaxTMI 
TaxTMI 
2020 (1) TMI 1160
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....nt and subsequent demand notice under Section 156 of the Income Tax Act, 1961 (in short "the Act"). The writ petitioner is also aggrieved by an attachment notice that was issued under Section 281B of the Act prior to passing of the assessment order. 2. Mr. Ratnanko Banerji, Senior Advocate appearing on behalf of the petitioner, submits that notice for assessment under Section 143(3) of the Act was issued on August 13, 2018 for the Assessment Year 2017- 18. During the assessment hearings, several queries were raised upon the assessee petitioner wherein the assessee furnished its reply on December 5, 2019. Upon perusal of the response of the assessee, notice was issued under Section 142(1) on December 12, 2019. To the said notice, the asses....
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....2013) 352 ITR 620 (P&H); Commissioner of Income Tax vs. AL. Ramanathan reported in (2000) 245 ITR 494 (Madras) and Commissioner of Income Tax, Mumbai vs. Sachin P. Ambulkar reported in (2014) 221 Taxman 67 (Bombay) (MAG.) to buttress his argument that amounts received on account of a family arrangement/re-arrangement are capital receipts and are not taxable in any manner whatsoever. He further submits that neither is capital gains payable on the sum nor can the sum be taxable under Section 28(ii)(a) of the Act. Mr. Banerji further relies upon Assistant Commissioner of Income-tax vs. Balmiki Prasad Singh reported in (2018) 259 Taxman 372 (SC) to support his argument that an assessment order can be challenged in writ proceedings in spite of t....
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....ent order, I am of the view that I should not interfere with the same at this stage. Without going into the merits of the said order, I find that the officer has dealt with the contentions raised by the petitioner and come to a particular finding. Interfering with the same at this stage may not be the correct course of action. The Hon'ble Supreme Court in several judgments including the judgment in Union of India vs. Guwahati Carbon Ltd reported in 2012 (278) ELT 26(SC) and Commissioner of Income Tax vs. Chhabil Dass Agarwal reported in (2014) 1 SCC 603 has held that in the event a statutory appeal is available, the writ court should not interfere unless an order is passed completely without jurisdiction. In the present case, I am of the pr....
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.... Bom 1786 while examining a similar case of attachment under Section 281B of the Act, held as follows: "16. Under sub-section (1) of section 281B of the Act thus, where during the pendency of any proceedings for assessment or reassessment, the assessing officer is of the opinion that for the purposes of protecting the interest of revenue, it is necessary so to do, he may with the previous approval of the higher authority pass an order in writing provisionally attaching the property belonging to the assessee. These are drastic powers permitting the assessing officer to attach any property of an assessee even before the completion of assessment or reassessment. These powers are thus in the nature of attachment before judgment. They have pr....