TMI Blog2012 (9) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, who shall thereafter make written representation within a week thereafter, setting-out the grounds or reasons why the course of action proposed in attaching the amounts is not feasible or legal The interim arrangement subsisting and binding the parties whereby the amounts lying in deposit are not to be withdrawn. - W.P.(C) 868/2012, C.M. APPL. 1928/2012 - - - Dated:- 14-9-2012 - MR. JUSTICE S. RAVINDRA BHAT, MR. JUSTICE R.V. EASWAR, JJ. For Appellant : Sh. O.S. Bajpai, Sr. Advocate with Sh. Rajesh Dureja, Ms. Manasvini Bajpai and Sh. Shashwat Bajpai, Advocates. For Respondent : Ms. Rashmi Chopra, Sr. Standing Counsel. MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. The petitioner is aggrieved by two notices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eat the income earned over the years by the petitioner which had itself been subjected to tax and thereafter being kept in Fixed Deposits as belonging to or owed to his brother, so as to attract provisions of Section 226 (3). 3. Learned counsel emphasized that even though the writ petitioner had personally supplied enough material for the Income Tax authorities to conclude that the garnishee proceedings of the kind envisaged by them does not exist, they persisted in their demands. Learned counsel for the Revenue sought to rely on the averments in the counter-affidavit and stated that the Income Tax authorities have sufficient materials to conclude that the monies ostensibly belonging to the writ petitioner and kept in various banks were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing the amounts is not feasible or legal. The TRO shall consider the representation and also grant the petitioner a hearing within two weeks thereafter and proceed to pass an order, citing the reasons for his conclusions, in any case, within eight weeks from today. The interim arrangement subsisting and binding the parties whereby the amounts lying in deposit are not to be withdrawn by the Income Tax authorities and also binding the petitioner not to withdraw the amounts from the said deposits shall continue to bind the parties till the reasoned order is made by the TRO. The concerned bank officer or Manager shall ensure that if during this period, any or all of FDRs are likely to mature, they are renewed, as in the past. All rights and co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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