Please Help: attachement of FDR::
Posted Date : 03-Jan-2013 , 01:51:22 pm | Posted By SHIVAM SIINGH
My Q is that ???
One FDR of Rs. 10 Lac was attached by the Income Tax Deptt. In connection with the recovery in Scruitiny order . Assessee is in appeal.
Assesee = i.e. wife is holding = joint Fixed deposit in bank with her husband i.e Mrs.&Mr. . Now in scrutiny of the return of wife , wife gets the decision in her favour in appeal with the comment in appeal order that “Detail of Husband are further to be scruitinised by section 148 Notice''
But now the AO say, that I will send this attachment to the jurisdiction of hunsband’s AO.
And AO of Mrs. Is not ready to release the attached FDR. AO is talking about section 281.
whether AO is right?
what to do now ?
FDR(fixed deposit receipt) contain either or survivor
How attachement can be got released.
One FDR of Rs. 10 Lac was attached by the Income Tax Deptt. In connection with the recovery in Scruitiny order . Assessee is in appeal.
Assesee = i.e. wife is holding = joint Fixed deposit in bank with her husband i.e Mrs.&Mr. . Now in scrutiny of the return of wife , wife gets the decision in her favour in appeal with the comment in appeal order that “Detail of Husband are further to be scruitinised by section 148 Notice''
But now the AO say, that I will send this attachment to the jurisdiction of hunsband’s AO.
And AO of Mrs. Is not ready to release the attached FDR. AO is talking about section 281.
whether AO is right?
what to do now ?
FDR(fixed deposit receipt) contain either or survivor
How attachement can be got released.
Category : Income Tax | Answers : 0 | Comments : 1 | Hits : 183
Answers
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mohit gupta
05-Jan-2013 , 11:58:17 pmIn my opinin th Assessing Officer is not right as Section 281b is inviked when to protect the intersts ofrevinue since inthis case the decision is in favour of assesee hence no recovery arise no queston of attachingg assets arise further provsional attachment is for six months and can be extended upto 2 years but with prior approval of chief commissioner You can refer the link http://www.indiankanoon.org/doc/102592159/ for more details