TMI Blog2015 (6) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of Attachment, dated 26.03.2015 as regards Item Nos.2 to 6. The first respondent / appellate authority is consequently directed to dispose of the statutory appeal preferred by the petitioner before him within a period of 8 weeks from the date of receipt of a copy of this order on merits and in accordance with law. - W.P.No.16249 of 2015 - - - Dated:- 9-6-2015 - MR. T. RAJA, J For the Petitioner : Mr. K. Ravi Anantha Padmanabhan For the Respondent : Mr. T. Pramod Kumar Chopda And Senior Standing Counsel. ORDER Heard the learned counsel for the petitioner and Mr. T. Pramod Kumar Chopda, learned Senior Standing Counsel, who takes notice for the respondents and, with their consent, the main writ petition itself is tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Act (hereinafter referred to as the Act ) along with a stay application on 01.05.2015. In spite of the fact that the petitioner has filed an appeal under Section 246 of the Act within 30 days as stipulated under the Act, by ignoring their own departmental circular which finds reference in 182 ITR 413, mandating the Income Tax Officers to keep in abeyance the collection of tax until disposal of the statutory appeal by the appellate authority, and by causing great prejudice to the petitioner, an order of attachment, dated 26.03.2015 in terms of Section 281B of the Income Tax Act, attaching about six items including his Savings Bank Account, House property etc., was issued. 3.2. Learned counsel appearing for the petitioner would fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 281(B) of the Act, attaching six items including the petitioner's savings bank account, house properties etc. However, he would fairly submit that the provisional attachment may be confined to only item No.1 in the Specification of the Property/Assets viz., MIG Plot No.2, TNHB Scheme, Alapakkam, Chennai, since the same would fetch about ₹ 25 lakhs and, with regard to attachment of his bank account in which his monthly pension is credited, the order of attachment may be lifted. 5. This Court considered the submissions made by the learned counsel on either side and perused the materials available on record. 6. From the point made by the learned counsel for the petitioner citing the Circular mentioned in 182 ITR 413 as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Authorities to keep in abeyance the collection of tax until the statutory appeal preferred by the assessee before the appellate authority is disposed of, this Court deems it quite relevant to quote below the ratio laid down by the Apex Court in AIR 2009 SC 930 (Radhey Shyam Gupta v. Punjab National bank Anr.) making it succinctly clear that pension/gratuity would not be liable to attachment even for satisfaction of a court decree:- 24. Having considered the submissions made on behalf of the respective parties, we are inclined to accept Mr. Mehta's submission that the order impugned in the revision petition before the High Court did not attract the bar of the proviso to sub-section (1) of Section 115 of the Code as it sought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he retiral benefits, such as pension and gratuity, had been received by the appellant, they did not lose their character and continued to be covered by proviso (g) to Section 60(1) of the Code. Except for the decision in the Jyoti Chit Fund and Finance case (supra), where a contrary view was taken, the consistent view taken thereafter support the contention that merely because of the fact that gratuity and pensionary benefits had been received by the appellant in cash, it could no longer be identified as such retiral benefits paid to the appellant. 8. Inasmuch as the petitioner's only source of livelihood viz., the pension, cannot be attached even for satisfaction of a court decree and, more particularly, when the petitioner's ..... X X X X Extracts X X X X X X X X Extracts X X X X
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