TMI Blog2021 (1) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... to issue notice or mere formation of a opinion that tax due has not been paid or has been short paid, is sufficient or the service of the notice on the notice is essential, before proceeding under Section 74 can be said to have been initiated/launched/instituted and pending, within the meaning of Section 83(1) of the Act, for the power of attachment thereunder to be exercised. In the prima-fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to just exceptions and as per extant rules. 2. The applications are disposed of. W.P.(C) 155/2021 W.P.(C) 156/2021. 3. The counsel for the petitioners in both the petitions states that the facts and the questions of law in both the petitions are identical. The challenge in both the petitions is to the orders, whereby the Branch Manager of the Bank where the petitioners have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay the amount specified in the notice alongwith interest and penalty. Sub Section (2) of Section 74 requires the notice to be issued at least six months prior to the time limit specified in sub Section (10) for issuance of notice and which time limit is of five years from the due date for furnishing of annual return for the subject financial year. 6. We have enquired from the counsel for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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