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2018 (5) TMI 590 - HC - Income TaxAttachment of bank accounts - Petitioner seeks refund of the amount of the amounts in excess of 20% of the tax demand consequent to the Assessment Order being retained by the Revenue - Held that:- In the present facts, as the order of the Assessment for Assessment Year 2014-15 was passed on 29th December, 2016 under Section 143(3) of the Act. A notice under Section 156 of the Act was also served on that date upon the Petitioner. Thus, time to pay the tax dues in terms of the notice would expire on 29th January, 2017. The Petitioner had admittedly not filed any application for stay of the demand under Section 220(6) of the Act with the Assessing Officer or the Commissioner of Income Tax during aforesaid period of 30 days. This, although an appeal before the CIT(A) was filed on 29th January, 2017. Thus, the action of the Respondent in recovering an amount after attachment of bank accounts of the Petitioner after 1st February, 2017, can not be found fault with, as the Petitioner was an Assessee in default. Thus, we find no reason to interfere.
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