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2017 (3) TMI 107 - HC - Income TaxAttachment orders - Notice under Section 226(3) - Held that:- Admittedly, 15% of the disputed amount has already been recovered by the respondent- Revenue and such amount is covered by the Office Memorandum dated 29th February, 2016 issued by the CBDT. In such circumstances, we find that the respondents were not justified to pass the impugned attachment Notices under Section 226(3) of the Act. The claim of the petitioner, at this stage, seeking refund of the amounts attached pursuant to such directions, is not at all justified and cannot be granted in the present petition. Petitioner has placed on record a Memo showing the actual amount in dispute for the subject assessment years, as well as the amounts recovered based on refund orders, which figures are not disputed by the learned Counsel appearing for the respondents. The said Memo is marked “X” for identification. In view of the above, the impugned notices dated 16th January, 2017 and 17th January, 2017 issued to the State Bank of India, ICICI Bank Ltd., and HDFC Bank under Section 226(3) of the Act in respect of the Assessment Years 2011-12 and 2012-13 are quashed and set aside. - Decided n favour of assessee
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