TAMILNAD MERCANTILE BANK LTD. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court noted the submission made by the learned Standing Counsel for the respondent Department that the provisional attachment against the petitioner's secured assets no longer subsists. The Court accepted this submission. Regarding the petitioner's request for intimation to the registration authorities about the ceased attachment, the Court directed that the petitioner could produce a copy of the judgment before them as a judicial assertion that no attachment is in force. Consequently, the writ petition was disposed of on these submissions.
What were the facts?
The petitioner, Tamilnad Mercantile Bank Ltd., filed a writ petition challenging a provisional attachment made under Section 281B of the Income Tax Act. The bank contended that the attachment had continued beyond the statutory period of two years. The bank also referred to Section 31B of the SARFAESI Act, arguing that the prolonged attachment was unsustainable. The respondent, Assistant Commissioner of Income Tax, through its Standing Counsel, submitted that the attachment had ceased by efflux of time and no attachment, provisional or otherwise, was in force even before the writ petition was filed. The petitioner then requested the respondent to inform the registration authorities about the cessation of the attachment.
What were the issues?
1. Whether the provisional attachment under Section 281B of the Income Tax Act, which allegedly continued beyond two years, is sustainable? (Question of law) Assessee's Contention: The petitioner bank argued that the provisional attachment under Section 281B of the Income Tax Act, if it continued beyond the statutorily permitted period of two years, could not be sustained. They also invoked Section 31B of the SARFAESI Act to support their contention against prolonged attachment. Revenue's Contention: The respondent, through its Standing Counsel, fairly submitted that the attachment had ceased by efflux of time and that no attachment, provisional or otherwise, was subsisting even prior to the filing of the writ petition.
Which sections of the Income-tax Act were involved?
Section 281B,Section 31B
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioner bank suffered provisional attachment under Section 281B of the Income Tax Act. Contending that the attachment continued beyond two years—that is, the statutorily permitted period— the petitioner has filed this writ petition.
The petitioner's counsel has brought to my notice not only Section 281B of the Income Tax Act but also Section 31B of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (the SARFAESI Act). Thus he contends that the prolonged provisional attachment cannot be sustained.
The learned Standing Counsel has, however, fairly submitted that the attachment, by efflux of time, ceased long back. According to him, there had been no attachment, provisional or otherwise, even before the petitioner filed this writ petition.
In this context the petitioner's counsel wants the respondent Department to intimate the registration authorities about the ceased attachment. Under these circumstances, I record the submissions made by the learned Standing Counsel for the respondent Department that the WPC No.13530 of 2017 3 provisional attachment against the petitioner's secured assets no longer subsists. As to the intimation to the registration authorities, the petitioner can produce a copy of this judgment before them as a judicial assertion that there is no attachment in force. Thus, the writ petition stands disposed of. DAMA SESHADRI NAIDU JUDGE
WPC No.13530 of 2017 4
Appendix — schedule of exhibits
More judgments on Section 281B
- Swift Impex Private Limited, New Delhi vs Deputy Commissioner of Income Tax, Central…ITA 4923/DEL/2025[2019-20]Status: Disposed20 Mar 2026AY 2019-20
- ACIT, New Delhi vs Sh. Atul Kumar Bansal, New DelhiITA 2604/DEL/2017[2013-14]Status: Disposed10 Sept 2025AY 2013-14
- ACIT, New Delhi vs Sh. Atul Kumar Bansal, New DelhiITA 2603/DEL/2017[2012-13]Status: Disposed10 Sept 2025AY 2012-13
- ACIT, New Delhi vs Sh. Atul Kumar Bansal, New DelhiITA 2601/DEL/2017[2010-11]Status: Disposed10 Sept 2025AY 2010-11
- ACIT, New Delhi vs Sh. Atul Kumar Bansal, New DelhiITA 2600/DEL/2017[2009-10]Status: Disposed10 Sept 2025AY 2009-10
Recent GST High Court judgments
Search GST case law →- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Shadab Malik vs. State Of U.P. And 2 OthersAllahabad · 26 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026