|  Provisional attachment to protect revenue in certain cases.  281B. (1) Where, during the pendency of any proceeding for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment, the [Assessing] Officer is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, he may, with the previous approval of the [Chief Commissioner, Commissioner, Director General or Director], by order in writing, attach provisionally any property belonging to the assessee in the manner provided in the Second Schedule.  [Explanation.For the purposes of this sub-section, proceedings under sub-section (5) of section 132 shall be deemed to be proceedings for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment.]  [Omitted w.e.f. 1st June 2016]  (2) Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section (1) :  Provided that the [Chief Commissioner, Commissioner, Director General or Director] may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so, however, that the total period of extension shall not in any case exceed “two years or sixty days after the date of order of assessment or reassessment, whichever is later : *[(3) Where the assessee  furnishes a guarantee from a scheduled bank for an amount not less than the fair  market value of the property provisionally attached under sub-section (1),  theAssessing Officer shall, by an order in writing, revoke such attachment: Provided that where the Assessing  Officer is satisfied that a guarantee from a scheduled bank for an amount lower  than the fair market value of the property is sufficient to protect the  interests of the revenue, he may accept such guarantee and revoke the  attachment. (4) The Assessing Officer  may, for the purposes of determining the value of the property provisionally  attached under sub-section (1), make a reference to the Valuation Officer  referredto in section 142A, who shall estimate the fair market value of the  property in the manner provided under that section and submit a report of the  estimate to the Assessing Officer within a period of thirty days from the date  of receipt of such reference. (5) An order revoking the  provisional attachment under sub-section (3) shall be made— (i) within forty-five days  from the date of receipt of the guarantee, where a reference to the Valuation  Officer has been made under sub-section (4); or (ii) within fifteen days from the date of  receipt of guarantee in any other case. (6) Where a notice of demand  specifying a sum payable is served upon the assessee and the assessee fails to  pay that sum within the time specified in the notice of demand, the Assessing  Officer may invoke the guarantee furnished under sub-section (3), wholly  or in part, to recover the amount. (7) The Assessing Officer  shall, in the interests of the revenue, invoke the bank guarantee, if the  assessee fails to renew the guarantee referred to in sub-section (3), or  fails to furnish a new guarantee from a scheduled bank for an equal amount,  fifteen days before the expiry of the guarantee referred to in sub-section (3). (8) The amount realised by  invoking the guarantee referred to in sub-section (3) shall be adjusted  against the existing demand which is payable by the assessee and the balance  amount,if any, shall be deposited in the Personal Deposit Account of the  Principal Commissioner or Commissioner in the branch of the Reserve Bank of  India or the State Bank of India or of its subsidiaries or any bank as may be  appointed by the Reserve Bank of India as its agent under the provisions of  sub-section (1) of section 45 of the Reserve Bank of India Act, 1934 at  the place where the office of the Principal Commissioner or Commissioner is  situate. (9) Where the Assessing  Officer is satisfied that the guarantee referred to in sub-section (3) is  not required anymore to protect the interests of the revenue, he shall release  that guarantee forthwith.    Explanation.—For  the purposes of this section, the expression “scheduled bank” shall mean a  bank included in the Second Schedule to the Reserve Bank of India Act, 1934.] *Inserted w.e.f.1st June, 2016           |