ORDER SHEET GA 2424/2017 WP 206/2017 IN HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAJLAKSHMI GUINEA MUSEUM JEWELLERS PVT. LTD. Versus PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL KOLKATA & ORS. BEFORE: Hon'ble JUSTICE DEBANGSU BASAK Date : 26th July, 2017. Mr.Avinaba Patra, Adv., for petitioner. Mr.Ranjan Sinha, Adv., for respondent. Re : GA No.2424 of 2017 Court : This is application for extension of subsisting interim order. Since writ petition is ready for hearing, by consent of parties, writ petition is treated as on day s list and is taken up for consideration along with interim application. Re : WP No.206 of 2017 learned Advocate for petitioner submits that, department had issued two notices purportedly under Section 281B of Income Tax Act, 1961. He refers to Section 281B of Act of 1961 and submits that, ingredients necessary for purpose of invocation of such section, have not been fulfilled in present case. He submits that, there are no assessment proceedings pending and Assessing Officer is yet to arrive at finding that, there is income escaping assessment warranting attachment of bank account as sought to be done. He refers to affidavit-in-opposition particularly paragraph 5(b) and submits that, although search and seizure was undertaken in month of December, 2016, assessment proceedings in respect of relevant assessment years are to be initiated. Consequently, impugned orders should be set aside. learned Advocate for department submits that, department is yet to initiate assessment proceedings. I have considered rival contentions of parties and materials made available on record. It appears that, department had undertaken search and seizure operation under Section 132 of Act of 1961 in respect of Rajlakshmi group of companies on December 28, 2016. In such search and seizure petitioner was found to have deposited nearly Rs.20 crores in cash in bank account. department suspects that, such deposit was made out of undisclosed income. It is sad to note that, even after expiry of period in excess of seven months, department has chosen not to initiate any proceedings for Assessment Years 2011-12 to 2016-17. Such stand is declared in affidavit-in-opposition filed on behalf of department. In such circumstances, since pre-conditions for invoking Section 281B of Act of 1961 are absent in present case, impugned notices are set aside. Significantly, petitioner is enjoying interim order since April 5, 2017. In spite of such interim order, department has chosen not to initiate assessment proceedings. impugned order is set aside. WP No.206 of 2017 is disposed of. No order as to costs. In view of disposal of writ petition, no further order need be passed in GA No.2424 of 2017. Accordingly, same is also disposed of. (DEBANGSU BASAK, J.) sd/ Rajlakshmi Guinea Museum Jewellers Pvt. Ltd. v. Principal Commissioner of Income-tax, Central Kolkata & Or