- (1.) The petitioner is a private limited company incorporated under the Indian Companies Act, 1956. It is a subsidiary of Motorola Solutions International Capital LLC, USA and Motorola Solutions, USA is the ultimate holding company. The petitioner has approached this Court under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, direction or order for quashing the order dated 1.11.2012, Annexure P.2 passed by respondent No.2 Deputy Commissioner of Income Tax, Circle-2, Gurgaon (DCIT) under Section 281B of the Income Tax Act, 1961 (in short, "the Act"), whereby provisional attachment has been ordered. A further prayer has also been made for quashing of letters/notices dated 2.11.2012, collectively appended as Annexure P.9, directing the banks and debtors not to make payments to the petitioner.
(2.) The facts relevant for adjudicating the controversy involved herein as pleaded in the writ petition may be noticed. The case of the petitioner is that it is an income tax assessee and is filing its returns since it was incorporated. On 30.9.2008, the petitioner had e-filed original return of Income for the assessment year 2008-09 which was subsequently revised on 31.3.2010 declaring income of Rs. 9,42,01,184/-. A draft assessment order under Section 144C of the Act was passed by the Assistant Commissioner of Income Tax, Gurgaon (ACIT) on 22.12.2011 for the assessment year 2008-09 wherein certain additions were made in the income returned. The petitioner had filed objections before the Dispute Resolution Panel (DRP) to the draft assessment order on 27.1.2012. Thereafter, DRP on 21.9.2012 passed an order Annexure P.8 under Section 144C(5) of the Act directing the Assessing Officer to complete the assessment in accordance with the directions passed by it. In the meantime, on 1.11.2012, respondent No.2 sent a proposal for provisional attachment of the assets of the petitioner under section 281B of the Act to respondent No.1 Commissioner of Income Tax, Faridabad which was approved by him. On the aforesaid provisional attachment, letters/notices were issued on 2.11.2012 to the Standard Chartered Bank, Mumbai and sundry debtors of the petitioner not to make payments to the petitioner. Feeling aggrieved thereby, the petitioner has approached this Court through the present petition.
(3.) Upon notice having been issued, reply on behalf of the respondents has been filed wherein action of provisional attachment under Section 281B of the Act has been sought to be justified. It has been averred that though the assessee has substantial liquid funds and other assets available with it, recovery of outstanding amount from the balances available in bank accounts and debtors would not cause any irreparable damage to the petitioner. It has further been stated that the order dated 1.11.2012 has been passed in accordance with the provisions of the Act for protecting the interests of the revenue.;