2003 (1) TMI 94

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....S.H. KAPADIA J. -Matter mentioned for urgent interim relief. Facts: By this petition, the petitioners seek to challenge notice dated December 24, 2002, issued by respondent No. 1 to the Branch Manager, Standard Chartered Bank-bankers of the petitioners. The notice has been given under section 226(3) of the Income-tax Act, 1961, directing the branch manager to pay to the first respondent an a....

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....ty. (c) In the meantime, on December 17, 2002, the Tax Recovery Officer (TRO) issued prohibitory order restraining the petitioners from making payments to DBC Sons (Bombay) Private Limited. (d) By letter dated December 18, 2002, summons under rule 83 of the Second Schedule to the Income-tax Act was served on the principal officer of the petitioners. Finally, on December 24, 2002, the impugne....

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....ver, issued the prohibitory order restraining the assessee from making any payment to DBC Sons (Bombay) Private Limited. In the circumstances, without going into the merits of the matter, we pass the following order. ORDER (i) The assessee shall file their statement on oath under section 226(3)(vi) of the Income-tax Act on or before January 29, 2003. If they fail to do so, the Tax Recovery O....

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.... period of one week from the date of communication of the decision by the Tax Recovery Officer to the petitioners. In otherwords, the aforestated amount of Rs. 49,38,880 will not be appropriated to the Income-tax Department's account and will not become recoverable for a period of one week after receipt of communication by the petitioners of the order of the Tax Recovery Officer. This period of on....