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2012 (2) TMI 306 - JHARKHAND HIGH COURTGarnishing order passed in pursuance of order passed for default in deduction of TDS - said orders are subject matter in the appeal before the CIT - money lying in the bank account of the petitioner attached by the department – assessee contends no amount is due from it since amount has been paid by the deductee – validity of garnishing order – assessee also apprehends that once the money has been taken away by the department under garnishing order, revocation of the notice will be of no consequence - Held that:- The attachment is only interim arrangement and it also does not attain the finality with the payment to the person who is entitled to receive the amount for whom the garnishing order was passed till liability of that defaulter attains finality and money is adjusted under lawful order. Attachment order would itself will fell if the garnishing order and the notice itself is withdrawn by the A.O. requiring re-payment of the money by the department to the Bank. In that situation, petitioner may approach the A.O. for revocation of the garnishing order and further we direct the CIT to proceed with the appeal preferred by the petitioner expeditiously.
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