Interim bank account operation pending appeal granted in part, with existing balance protected and appeal disposal fast-tracked.

Interim relief was granted partly by permitting operation of the petitioner's bank account for business deposits and withdrawals while protecting the Revenue's interest by restraining withdrawal of the existing balance until the appeal is decided. The Court noted that the appeal had remained pending for over six years and directed the appellate authority to dispose of it expeditiously within six weeks. The order balanced business continuity against preservation of recoverable revenue pending appellate determination.

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Issues: Whether the petitioner was entitled to interim relief permitting operation of its bank account pending disposal of its appeal before the Commissioner (Appeals), and whether a time-bound direction was warranted for disposal of the pending appeal.

Analysis: The pending appeal had remained undecided for over six years, while the Revenue had already recovered a portion of the demand by adjustment of refunds. The Court balanced the petitioner's need to operate its business account with protection of the Revenue's interest by permitting operation of the bank account for future deposits and withdrawals for business purposes, while restraining withdrawal of the existing balance until the appeal is decided. The Court also directed the appellate authority to decide the appeal expeditiously within six weeks.

Conclusion: Interim relief was granted in part in favour of the petitioner, subject to protection of the existing bank balance, and a time-bound direction was issued for disposal of the appeal.

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