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2019 (4) TMI 58 - HC - Income TaxStay petition - steps for recovery of the outstanding tax - HELD THAT:- The petitioner has challenged the order passed by the appellate authority before the ITAT, Lucknow which is pending. The petitioner has also moved an application for interim relief before the learned Tribunal which is also pending. The petitioner had deposited 20% of the assessed tax while filing the appeal before the CIT, however, the opposite parties in most arbitrary manner have seized the bank accounts of the petitioner, as such, the petitioner has been put to great hardship. As submitted that the opposite parties have already taken away an amount to the tune of ₹ 53,33,55,784/- from the bank accounts of the petitioner. Opposite parties submits that 20% of the assessed tax was required to be paid at the appellate stage. The appeal preferred by the petitioner has been dismissed and now the matter is before the learned Tribunal. No interim protection has been granted by the learned Tribunal, as such, the opposite parties are fully empowered to take appropriate steps for recovery of the outstanding tax. It is undisputed that the matter is pending before the Income Tax Appellate Tribunal and the stay application is also pending. The matter is listed for 19.3.2019. Since the application for interim relief is pending consideration before the learned Tribunal, as such, till disposal of stay application, the opposite parties shall not take any coercive measures including seizing of the bank accounts of the petitioner. The opposite parties shall, therefore, release the bank accounts of the petitioner forthwith.
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