TMI Blog2023 (9) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... attachment is to initially remain in force for a period of six months from the date of attachment provided other criteria in Sub-Section (1) are satisfied. In these cases, circumstances and criteria specified in Sub-Section (1) to Section 281B of the Income Tax Act, 1961 are satisfied. Since the respondents have issued subsequent orders/warrant of attachment of the same immovable properties by separate orders all dated 17.02.2023, nothing further remains to be adjudicated in these writ petitions. As such these writ petitions have become infructuous. As per proviso to sub-section (2) to Section 281 B of total period of extension cannot exceed two years or 60 days after the date of order of assessment or reassessment, whichever is late ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r along with the personal assets of its Directors bearing DIN Order No: ITBA/COM/F/17/2022-23/1044866111(1). 2. Relevant portion of the impugned order reads as under: Sir/ Madam/ M/s, Subject: Proceedings under section 281B - Order for provisional attachment 1. Whereas I am the opinion that for the purpose of protecting the interest of the Revenue, it is necessary to attach provisionally, the immovable property mentioned hereunder as per provisions of section 281B of the Income Tax Act, 1961 belonging to M/s. Shri Rathna Akshaya Estates Pvt. Ltd (PAN No. AAVCS4243B) . The said property is, therefore attached u/s 281B of the Income Tax Act, 1961. 2. The aforesaid person is, therefore prohibited from transferring, creatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chennai 600 054. 3. Retail Showroom at Coimbatore, Patta No.1350, 1351/1, 1351/2, 1352, 1355 Block-14, Ward No.06 (Land Area 26,581.25 sq.ft) (Building Area 78,233 Sq.ft) Saravana Selvarathnam Stores at Door No.195, 196, 197, 198, 199, 200, 201, 202, 203, Oppanakkara Street, Coimbatore 641 001. The Sub Registrar Coimbatore Joint -1 Sub Registrar Office, No.102, State Bank Road, District Collector Office Campus, Coimbatore 641018. 4. Retail Store at Mothilal Street, T.Nagar Patta No: S.No.156/2, 156/3 (Land Area 4,500 sq.ft) Saravana Selvarathnam stores at No 75, North Usman Road, T.Nagar, Chennai 600 017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment for receipt of this order and furnish the latest EC for the above property. 3. The specific case of the petitioner is that the petitioner was subjected to search under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') on 01.12.2021, following which the order of attachment was made on 28.02.2022 under Section 132(9B) of the Act. The aforesaid order was in force for a limited period and came to end on 27.08.2022. Thereafter, the respondents have once again attached the property of the petitioner vide impugned orders dated 23.08.2022 under Section 281B of the Act. 4. The learned counsel for the petitioner would submit that although the aforesaid order is also for a limited period, yet the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs on 17.02.2023 in terms of proviso to Sub-Section (2) to Section 281B of the Income Tax Act, 1961. He would further submit that the writ petitions have become infructuous and therefore liable to be dismissed. 11. The learned counsel for the petitioners submits that in view of the above subsequent development and due to efflux of time, instead closing these writ petitions, it may be observed that the impugned orders have ceased to operate against the petitioners. 12. I have considered the arguments advanced by the learned counsel for the petitioners and the respective learned counsel for the respondents. 13. The language of Section 281B (1) and (2) of the Income Tax Act, 1961 are clear and categorical. The order of attachment is t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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