Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2020 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 792 - HC - Income TaxAttachment of bank accounts - Recovery of outstanding tax demands - Petition for stay of taxes - Applications under Section 154 are pending - recovery proceedings along with interest u/s.220(2) and penalty u/s.221 - HELD THAT:- Orders of this nature do not comply with the requirements that have been set out for disposal of stay applications. We had occasion to deal with a similar issue in the case of Mrs.Kannammal V. Income Tax Officer [2019 (3) TMI 1 - MADRAS HIGH COURT] The present matter as well, the impugned order does not deal with the aspects of prima facie case, financial stringency and balance of convenience. Hence, the impugned order is set aside. Applications under Section 154 are pending - bank account of the petitioner was attached on 22.02.2020, which has been challenged. According to the petitioner, the balance therein has also been appropriated. The attachment will stand lifted forthwith. The petitioner will appear before the Assessing Authority on Tuesday, the 17th of March, 2020 without expecting any further notice in this regard. The Assessing Authority is directed to reconsider the stay application filed by the petitioner keeping in mind the order aforesaid setting out the guidelines of the CBDT, as well the applications under Section 154 and pass orders within a period of six (6) weeks from date of first hearing. Till such time, no further recovery proceedings be initiated.
|