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Khandelwal Laboratories Pvt. Ltd. Versus Deputy Commissioner of Income Tax-6 (3) (2) , Mumbai & Others

2016 (3) TMI 687 - BOMBAY HIGH COURT

Attachment orders - Rectification Application under Section 154 - Held that:- The action of the Assessing Officer in attaching the petitioners' bank accounts under Section 226(3) of the Act as well as subsequent withdrawal of the attached amounts from the bank accounts is without jurisdiction and bad in law. The petitioners have a statutory right to its stay application being heard and disposed of before the Revenue can adopt any coercive proceedings on the basis of the Notice of demand under Se .....

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hin a period of one week from today. The Assessing Officer to dispose of the petitioners' pending stay application in accordance with law. - Writ Petition (L) No. 710 of 2016 - Dated:- 17-3-2016 - M. S. Sanklecha And A. K. Menon, JJ. For the Petitioner : Mr. J.D. Mistri, Senior Counsel a/w Madhur Agarwal, Atul Jasani For the Respondents : Mr. A.R. Malhotra a/w N.A. Kazi ORDER P. C. 1. Heard. At the request of the Counsel, the petition is taken up for final disposal at the stage of admission. 2. .....

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k of India, Byculla, Mumbai have been withdrawn without giving any notice to the petitioner before withdrawal in defiance of the law laid down by this Court in UTI Mutual Fund Vs. Income Tax Officer, 345 ITR 71. 3. The Assessing Officer on 27th March, 2015 passed an order under Section 143(3) r/w Section 263 of the Income Tax Act, 1961 (the Act) for Assessment Year 200910 determining the tax payable at ₹ 46.23 crores. Being aggrieved, the petitioners have filed an appeal against the order .....

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y a letter dated 20th August, 2015 disposed of the petitioners' Rectification Application under Section 154 of the Act. The order reads thus : ORDER UNDER SECTION 154 OF THE I.T. ACT, 1961 In this case, the assessment order completed u/s 143(3) r.w.s. 263 of the I.T. Act, 1961 on 27.03.2015 determining the total income at ₹ 1,17,10,64,977/. The assessee's representative filed a rectification application dated 14.04.2015 requesting to rectify the mistake u/s 154 of the I.T. Act, 196 .....

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sessee is requested to pay the entire demand within 5 days from the receipt of this letter. 5. The petitioners state that a communication dated 8th March, 2016 from the Assessing Officer to the Punjab National Bank indicating the attachment of the petitioners' bank account under Section 226(3) of the Act was forwarded to it by Punjab National Bank. It appears that similar communications have been sent to other bankers also. Thereafter, on 14th March, 2016, the petitioners received a communic .....

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ine, then the Revenue would issues a notice of demand under Section 156 of the Act. Section 220 of the Act provides that within a period of 30 days from the date of the service of the demand notice under Section 156 of the Act, the assessee concerned has to make necessary payment to the person and place mentioned in the Notice of demand. In case, the assessee fails to make the payment in terms of the notice of demand, he would be considered to be an assessee in default, enabling the Revenue to a .....

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d of. This right to file an application under Section 220(6) of the Act is a statutory right available to an assessee, if he chooses to so exercise. 7. In this case, the petitioners' application for stay dated 14th April 2015 under Section 220(6) is still pending disposal before the Assessing Officer. This is so as the order dated 20th August, 2015 as reproduced hereinabove of the Assessing Officer has only dealt with the petitioners' Rectification Application and not with the petitioner .....

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application must give some prima facie reasons in the context of the submission for stay made by the petitioner while disposing it. The order dated 20th August, 2015 is bereft of any consideration of the petitioners' primary contention that the issue arising in its appeal before the CIT (Appeals) is concluded in its favour by virtue of Tribunal's order for Assessment Year 2000-01 in the petitioners' own case. Thus, according to us, the application for stay filed on 14th April, 2015 f .....

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