TaxTMI 
TaxTMI 
2015 (6) TMI 970
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....his Notice of Demand dated 31.3.2015 in abeyance by not recovering the Tax amount of Rs. 12,37,540/- for the Assessment Year 2009-2010 from the petitioner till the disposal of the Statutory Appeal by the 1st respondent, who is seized of the same filed on 01.05.2015 and for a further direction to the 2nd respondent to lift the Pre-Assessment Order of Attachment, dated 26.3.2015, as regards Item Numbers-2 to 6. 3.1. Learned counsel for the petitioner would submit that the petitioner, who is a retired employee was served with summons by the Income Tax Department to explain the sources of income for the house property allotted to him by the Government of Tamil Nadu at Nolambur, Chennai, for a consideration of Rs. 30,86,645/-. The petitioner, o....
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....e of the entire dues, however, even ignoring the value of the house property, erroneously, the petitioner's bank account, in which his monthly pension is being credited, has been attached, as a result, he has been put to grave prejudice and now, he is unable to eke out his bread and butter for his two school going children, his wife and age-old mother. 3.3. Continuing his argument, the learned counsel for the petitioner would submit that since the assessment order is under challenge before the appellate authority, it is no longer necessary to have provisional attachment of all the six items including the petitioner's savings bank account and other land properties. On that basis, it is prayed that since the order of attachment is pu....
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....he final disposal of statutory appeal by the appellate authority. Very clearly, the Circular referred to vide Instruction No.96, dated 21st August, 1969 states that - "where the income determined on assessment was substantially higher than the returned income, say twice the later amount or more, the collection of the tax in dispute should be held in abeyance till the decision on the appeals, provided there were no lapses on the part of assessee." That being so, this Court is not able to find any justification whatsoever as to how the respondent could ignore their own departmental guidelines and pass the attachment order during pendency of the statutory appeal. Such action only shows that, in the light of the settled legal position that n....
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....ng regard to proviso (g) to Section 60 (1) of the Code, the High court committed a jurisdictional error in directing that a portion of the decretal amount be satisfied from the fixed deposit receipts of the appellant held by the Bank. The High Court also erred in placing the onus on the appellant to produce the Matador in question for being auctioned for recovery of the decretal dues. In other words, the High Court erred in altering the decree of the Trial Court in its revisional jurisdiction, particularly when the pension and gratuity of the appellant, which had been converted into Fixed Deposits, could not be attached under the provisions of the Code of Civil Procedure. The decision in the Jyoti Chit Fund case (supra) has been considerabl....