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5[22DD. Power of Settlement Commission to order provisional attachment to protectrevenue.

(1) Where, during the pendency of any proceeding before it, the Settlement Commission is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in the manner provided in the Second Schedule to the Income-tax Act as made applicable to this Act by section 32:

Provided that where a provisional attachment made under section 34C is pending immediately before an application is made under section 22C, an order under this sub-section shall continue such provisional attachment up to the period up to which an order made under section 34C would have continued if such application had not been made:

Provided further that where the Settlement Commission passes an order under this sub-section after the expiry of the period referred to in the preceding proviso, the provisions of sub-section (2) shall apply to such order as if the said order had originally been passed by the Settlement Commission.

(2) Every provisional attachment made by the Settlement Commission under sub-section (1) 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 Settlement Commission may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as it thinks fit 6***.]

1. Ins. by Act 67 of 1984, s. 62 (w.e.f. 1-10-1984).

2. Subs. by Act 22 of 2007, s. 86, for "fifteen per cent. per annum" (w.e.f. 1-4-2008).

3. Ins. by Act 8 of 2011, s. 35 (w.e.f. 1-6-2011).

4. Subs. by Act 4 of 1988, s. 127, for "Wealth-tax Officer" (w.e.f. 1-4-1988).

5. Ins. by Act 26 of 1988, s. 56 (w.e.f. 1-4-1988).

6. The words ", so, however, that the total period of extension shall not in any case exceed two years" omitted by Act 22 of 2007, s. 87 (w.e.f. 1-6-2007).

Wealth-Tax Act, 1957 Back

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