Sec. 28(ii), 281B and 246 of the Income-tax Act, 1961 -Business income - The taxability of Rs. 74.5 crores is a debatable issue. The Income-tax officer himself changed the goal post by first charging the amount under section 28(iv), and thereafter, under section 28(ii)(a). In a situation wherein the officer is himself not certain of the taxability, the use of a drastic provision such as section 281B is not tenable. Moreover, no reasons have been provided in the attachment notice. Thus, writ petition is disposed of with liberty given to the petitioner to file an appeal and stay petition before the CIT(A) within a period of 30 days. The CIT(A) is directed to grant an opportunity of hearing and thereafter pass a reasoned order in respect to the stay petition forthwith. - ABUL KALAM V/s ASSTT. CIT - [2020] 272 TAXMAN 467 (CAL)