TMI Blog2022 (3) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... of installment to be arrived at. The revenue will consider the representation, take into account the amounts remitted by the petitioner, till date, arrive at a new scheme of installment and thereafter, consider lifting the bank attachment. In the case of NOKIA INDIA PVT LTD VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX O [ 2014 (3) TMI 1195 - SUPREME COURT] , an order under Section 281(B) of the Income Tax Act, provisionally attaching the bank accounts of that assessee under the Income Tax Act for arrears of income tax, was considered by the Hon'ble Supreme Court and noticing the position that the petitioner was managing a running concern, the bank account was ordered to be lifted, upon condition that a monthly statement of account i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST and GST collected by it from the service recipients. 3. A statement was recorded from the petitioner at the time of investigation and a letter filed thereafter, dated 22.07.2020, admitting to the position that the total GST shortfall for the period 2017-18 to 2019-20 would be a sum of ₹ 28,58,90,794/-. Post remittance of a sum of ₹ 9,38,52,849/-, the shortfall stood determined at an amount of ₹ 19,20,37,945/-. As against the admitted dues of GST, the petitioner has furnished a tabulation giving a scheme of installment stretching upto December 2021. 4. As far as the service tax dues are concerned, the petitioner has approached the revenue by way of an application under the Sabka Viswas (Legacy Dispute Resolution) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rival contentions that have been advanced, I am of the view that the petitioner must be permitted to approch the revenue by way of a representation seeking lifting of the bank attachment, conditional upon her furnishing an undertaking therein to made earnest efforts to repay the admitted dues in line with a scheme of installment to be arrived at, and I do so. The revenue will consider the representation, take into account the amounts remitted by the petitioner, till date, arrive at a new scheme of installment and thereafter, consider lifting the bank attachment. 8. I agree with Mr.Kumar that there is nothing to be gained by thwarting the attempt of an assessee to engage in legitimate business. In fact, this would be in the best inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Income Tax and others (2015 13 Supreme Court Cases 729), an order under Section 281(B) of the Income Tax Act, provisionally attaching the bank accounts of that assessee under the Income Tax Act for arrears of income tax, was considered by the Hon'ble Supreme Court and noticing the position that the petitioner was managing a running concern, the bank account was ordered to be lifted, upon condition that a monthly statement of account is filed in hard copy, to ensure proper monitoring of the receipts and payments from that account. 11. If a representation is filed by this petitioner, let it be disposed within a period of three (3) weeks from date of receipt thereof, after hearing the petitioner. 12. This writ petition st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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