9911796707
TMI Blog2000 (11) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner. The facts of the case lie in a narrow compass. The agricultural land measuring 32 kanals 9 marlas belonging to the petitioner was acquired by the State Government vide notification dated May 6, 1996, issued under section 6 of the Land Acquisition Act, 1894. In pursuance of the award dated April 30, 1998, passed by the Land Acquisition Collector, he was paid compensation amounting to Rs. 1,35,070 vide Cheque No. 0320852, dated May 8, 1998. For the purpose of availing of exemption from capital gains under section 54B of the Act, the petitioner entered into various agreements for purchasing of agricultural land out of the compensation received by him. He filed returns for the assessment years 1997-98 and 1998-99 vide annexures P-16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bers of the Hindu undivided family, the petitioner being one of them. Rs. 23,00,000 of the said amount of Rs. 82,15,822 was put in the name of the petitioner on the date itself, in the following way as per annexure R-1, attached. -------------------------------------------------------------------------------------------- Rs. 10,00,000 23-7-1996 F.D. No. J151, Union Bank of India, Jharsatly. Rs. 10,00,000 23-7-1996 F.D. No. 503, Union Bank of India, Faridabad. Rs. 3,00,000 23-7-1996 S.B. a/c No. 6002, Union Bank of India, Jharsatly. -------------------------------------------------------------------------------------------- Further Rs. 4,50,000 wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16,75,000 ------------- This left an amount of Rs. 13,25,000 still in his name. As against this, what remains attached under section 281B by the Department is just Rs. 12,82,199 after the release of Rs. 9,73,047 on January 4, 1999. Thus, the attachment of an amount of Rs. 12,82,199 is standing in the name of the petitioner is legal as this money belongs to the Hindu undivided family against whom an order under section 281B was passed and served and against whom notices under section 148 were issued." In the replication filed by the petitioner, it has been averred that the amount attached by respondent No. 3 does not relate to part of the compensation deposited in his name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was deposited in the account of Shri Tek Ram by the deponent and finally on June 10, 1996, Rs. 4,25,000 were deposited in Shri Tek Ram's account by the deponent from the amount received from Shri Tek Ram. Thus, out of the total amount Rs. 30 lakhs, Rs. 29,75,000 had been returned vide bank transactions and thus no liability qua the said amount remained with the deponent." Before proceeding further, we may mention that during the pendency of the writ petition, respondent No. 3 had released Rs. 9,21,724 vide order annexure P-15, dated January 4, 1999. He released another amount of Rs. 6,85,000 vide annexure P-18, dated October 29, 1999, and the only controversy which survives relates to a sum of Rs. 5,97,199. We have heard learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication is made and ending with the date on which an order under sub-section (1) of section 245D is made shall be excluded from the period specified in the preceding proviso." A bare reading of the provisions quoted above shows that an order of provisional attachment can be passed by the Assessing Officer if he is of the opinion that for the purpose of protecting the interests of the Revenue, it is necessary to pass such an order. However, the plain language of the said provision shows that such an order can be passed only in respect of the property of the assessee and not of any other person. In the light of the above, we have to determine as to whether, respondent No. 3, could have attached the amount lying in the FDRs and SB accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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