9911796707
TMI Blog2012 (5) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ke of brevity, facts are being taken from W.P.No.6608 of 2012. 2. The petitioner is a Company, registered under the Companies Act and has approached this Court, with a prayer for issuance of a Writ, in the nature of Certiorari, to quash the order of attachment of Bank Accounts, issued under Section 226 (3) of the Income Tax Act, 1961, ( hereinafter referred to as 'the Act') for non clearance of demand under Section 156 of the Act. 3. The Company run by the petitioner was not in operation for about 18 years, due to the lock out. The Management of the petitioner, therefore, took steps to revive the Company and its business. 4. In the dispute between the Management and the labours, this Court, directed the petitioner/Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; 10. The contentions of the learned counsel for the petitioner is that, the respondent No.2 has failed to take any decision on the Appeal, as it is yet to be listed for hearing. The respondent/Department, taking advantage of the fact, that the application for Stay is not heard, proceeded to attach the accounts of the petitioner/Company, on the plea of protecting the interest of the Revenue. 11. The petitioner, being aggrieved by the order of attachment, approached the Income Tax Officer, for Stay of the recovery proceedings, due to the pendency of the Appeal, by declaring the petitioner as Assessee not in default. The Income Tax Officer, passed a conditional order, directing the petitioner/Company to deposit part of the demanded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... controverts this stand of the learned counsel for the respondents, by contending that, all consequential orders, give independent right to the petitioner, to challenge the said orders. Therefore, this Writ Petition cannot be said to be parallel proceedings. 18. Keeping in view of the facts and circumstances of the case, specially the fact that the Appeal along with the Stay Application is pending disposal with respondent No.2, the Writ Petitions are disposed of, at this stage, with a direction to the respondent No.2, to dispose of the Stay Application filed by the petitioner/Company, expeditiously, and in any case, within a period of seven days on appearance of the parties before him. 19. The parties and the Counsel are directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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