Shrachi Realty Private Limited vs Assistant Commissioner Of Income Tax
2026 Latest Caselaw 834 Cal/2

Calcutta High Court

Shrachi Realty Private Limited vs Assistant Commissioner Of Income Tax on 12 February, 2026

OD-3
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                                  WPO/55/2026

                      SHRACHI REALTY PRIVATE LIMITED
                                    VS
                  ASSISTANT COMMISSIONER OF INCOME TAX,
                   CENTRAL CIRCLE 5(1), KOLKATA AND ORS.


  BEFORE:
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : 12th February, 2026.

                                                                           Appearance:
                                                      Mr. Abhratosh Majumdar, Sr. Adv.
                                                              Mr. Sourav Bagaria, Adv.
                                                             Mr. Saumya Kejriwal, Adv.
                                                              Mr. Aditya Kanodia, Adv.
                                                                  Mr. D. Banerjee, Adv.
                                                                     ...for the petitioner

                                                             Mr. Ayan Chakraborty, Adv.
                                                                  Mr. Saikat Mallick, Adv.
                                                         ...for the Kotak Mahindra Bank

                                                       Mr. Shiv Shankar Banerjee, Adv.
                                                                Ms. Sukanya Dutta, Adv.
                                                       ...for the Income Tax Department


       The Court:- Affidavit of service filed today be taken on record.

       As prayed for, leave is granted to the petitioner to file                      the

supplementary affidavit. Supplementary affidavit filed in court today is taken

on record.

       Copies thereof have already been served upon the learned Advocate

appearing for the respondents.

This writ petition mounts challenge to attachment orders dated

January 8, 2026 issued in respect of the disputed demand of

Rs.1,65,23,79,231/- for the assessment years 2015-16, 2017-18, 2019-20,

2020-21 and 2023-24.

Mr. Majumdar, learned Senior Advocate appearing for the petitioner

submits that the orders of attachment are bad in law. It is submitted that

upon a certificate having been issued by the Tax Recovery Officer, the said

orders of attachment can no longer be continued. He has made his opening

submissions.

Mr. Banerjee, learned Advocate appearing for the respondents revenue

authorities has begun his submissions in reply. He has submitted that the

orders of attachment can be validly continued. He is yet to conclude. For

continuation of the argument of Mr. Banerjee, list this matter once again on

February 16, 2026 at 4:00 p.m.

(OM NARAYAN RAI, J.)

S. A. AR (CR)