Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 1054 - BOMBAY HIGH COURTStay of demand - attachment orders - Held that:- The petitioner made an application for stay to the Commissioner of Income Tax seeking a Review of the order dated 2nd June, 2016 passed by the Assessing Officer. The Commissioner of Income Tax has not yet disposed of the petitioners' application dated 7th June, 2016 seeking a stay in terms of Section 220(6) of the Act. However, pending disposal of the petitioner's stay application, the Assessing Officer by an order dated 28th June, 2016 passed under Section 226(3) of the Act has attached the petitioners' bank account. We are of the view that when the petitioners' application for stay under Section 220(6) of the Act is pending disposal before the Authorities under the Act, no coercive proceedings should be taken till its disposal. Taking coercive proceedings when an application for stay under Section 220(6) of the Act is pending would make the Section redundant. The Revenue is free to take action for recovery only after disposal of the application for stay adverse to the assessee. In the above view, by way of an interim order, we vacate the attachment Notice dated 28th June, 2016 made by the Assessing Officer upon the petitioners bankers.
|