COROMANDEL OILS PVT LTD Vs. TAX RECOVERY OFFICER -1; ASSISTANT COMMISSIONER OF INCOME TAX; COMMISSIONER OF INCOME TAX-1

JUDGEMENT

(1.) The petitioner is a Private Limited Company, and they filed this Writ Petition, challenging the order of attachment of the immovable property, passed by the first respondent/Tax Recovery Officer, under the provisions of the Income Tax Act, 1961 (hereinafter, referred to as 'the Act') dated 08.01.2013, and to quash the same, and consequently, to direct the first respondent to lift the order of attachment and to return the original documents, given as surety to the second respondent/Assistant Commissioner of Income Tax, by letter, dated 04.09.2012.

(2.) To decide the issue involved in this Writ Petition, the following facts are relevant:-

(3.) The learned counsel appearing for the petitioner contended that the petitioner cannot be treated as a defaulter, and even if the Revenue has challenged the order of ITAT, by filing Tax Case Appeal before this Court, still the petitioner cannot be treated as defaulter. Even assuming that the Revenue succeeds in the Tax Case Appeal filed before this Court, yet, the petitioner cannot be treated as assessee in default, as they are entitled to a notice of 30 days, and if the liability is cleared by then, they are not a defaulter. Therefore, the impugned order of attachment cannot survive after ITAT passed orders, which order has been given effect to by the second respondent.