The regular assessment of Ms. Preeti for the A.Y. 2023-24 was completed u/s 143(3) on 16-07-2025. On 18-01-2026, she received a notice issued u/s…

CA Final · Direct Tax Laws and International Taxation · RTP · May 2026
The regular assessment of Ms. Preeti for the A.Y. 2023-24 was completed u/s 143(3) on 16-07-2025. On 18-01-2026, she received a notice issued u/s 148 for income escaping assessment for the A.Y. 2023-24. Further, on 25-03-2026, during the pendency of such proceeding for income escaping assessment, the A.O. attaches the house property of Ms. Preeti. Now, aggrieved Preeti seeks your opinion (being a Chartered Accountant) as to: (i) The circumstances under which the A.O. can make provisional attachment of property of the assessee. (ii) The period of time for which such attachment can take place. (iii) Can such attachment be revoked by the A.O. and if yes, how? Discuss the relevant provisions of law to satisfy the aggrieved assessee, Ms. Preeti.

Suggested Answer and Working Notes:

(i) As per section 281B (1) , the Assessing Officer is empowered to provisionally attach any property of Ms. Preeti, by an order in writing, during the pendency of assessment or reassessment proceedings, with the prior approval of the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or Principal Director General or Director General or Principal Director or Director, if he is of the opinion that it is necessary to do so for the purpose of protecting the interests of the revenue. (ii) As per section 281B (2) , the provisional attachment shall be valid for a period of 6 months from the date of the order issued for provisional attachment. However, the above mentioned income-tax authority may extend the period of provisional attachment, for reasons to be recorded in writing, by a further period as he thinks fit. However, the total period of extension shall not exceed two years or sixty days after the date of assessment or reassessment, whichever is later. (iii) Section 281B (3) empowers the Assessing Officer to revoke, by an order in writing, provisional attachment of property if Ms. Preeti furnishes a guarantee from a scheduled bank, for an amount not less than the fair market value of such provisionally attached property or for an amount which is sufficient to protect the interests of the revenue.

Topics: Assessment Procedure

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