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2013 (1) TMI 437 - HC - Income TaxAttachment of petitioner's bank accounts and rental income u/s 226(3) - disallowance u/s 10B and 14A - Held that:- The petitioner's appeal against order dated 28.12.2011 u/s 246 wherein assessment was completed at an income of approximately four times of the returned income and tax demand including interest under Section 234B/C was raised is pending before the Appellate Authority. The petitioner had filed an application under Section 220(6) before the AO requesting that the entire demand was disputed in the appeal and since it was the first appeal, the demand may be stayed till the disposal of the appeal. It is also a matter of record and as per the case of the respondents themselves, a sum of Rs.25,00,000/- has been paid by the assessee against the said demand and a sum of Rs.44,86,414/- had also been collected. Under Section 220(6) where an appeal was pending against the assessment order, the assessee was not to be treated as an assessee in default in respect of the amount in dispute in appeal, in the discretion of the Assessing Officer on such conditions as he may think fit to impose. The Assessing Officer is, thus, required to pass a reasoned speaking order. As in the present case order passed by respondent no. 2 cannot be termed to be a speaking order in consonance with the requirements of Section 220(6), therefore the attachment order 17.10.2012 is quashed & given liberty to pass a fresh speaking order within 15 days from the date of receipt of this order.
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