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2009 (12) TMI 224 - HC - Income TaxRecovery of Tax-Provisional attachment- (i) that the Deputy Director had conducted the search operation wherein a large number of incriminating documents and evidence regarding bogus credit entries were gathered and huge demand was likely to be raised under section 153A and 153C of the Act. The Deputy Director had expressed the apprehension and just to defer the payments of tax the assessee may transfer the properties and therefore, requested the Assessing Officer to attach the mentioned immovable properties to safeguard the interest of revenue. After the Assessing Officer received the letter, he passed the attachment order. However the search operation conducted by the Deputy Director of income tax and therefore, only he could bring the fact of the search to the notice of the Assessing Officer. When these bought to notice to the Assessing Officer, it was he who alone exercised discretion finding it to be fit case for attachment of property. The order of provisional attachment is valid. (ii) That the Assistant Commissioner of Income tax had addressed a letter dated July 24, 2009, to the Commissioner of Income Tax pointing out about the attachment orders passed by the Assessing officer with the prior approval of Commissioner of Income Tax. It was further mentioned in this communication that in many of the group cases, the order under section 127 of the Act were yet to be passed, the case record yet to be received, further notice is to be issued, inquiries, investigations to be made and thereafter assessment order could be passed. The request was, therefore, made for extension to the provisional attachment. On this, the Commissioner gave his approval. The extension of the order of provisional attachment was valid.
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