TaxTMI 
TaxTMI 
2018 (9) TMI 355
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....012-13, 2013-14 and 2015-16 by letter dated 28.03.2018 vide F.No. PAN-AABAN0989K/226(3)/ITOW- 1/2017-18 which is at Annexure-A and vide letter bearing F.No.226(3)/ITO/W-1/BIDAR/17-18 which is at Annexure-B in recovering a sum of Rs. 16,95,48,869/- from the account of the petitioner maintained with the fourth respondent Axis Bank Limited, Bidar Branch which according to them is in excess of 20% upper limit permissible under the cases where the appeals are filed against the confirmation order of assessment passed by the Commissioner of Income Tax (Appeals) under Section 253 of the Income Tax Act in confirming the assessment order under Section 143 read with Section 147 of the Income Tax Act (Hereinafter, referred to as 'the Act' ). 2. Brief ....
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....ssessment of the third respondent was passed by the second respondent Commissioner of Income Tax (Appeals) on 19.03.2018, the same was communicated to them on 27.03.2018. It is stated that an appeal is provided under the Act to challenge the correctness or otherwise of the order of the second respondent. The time stipulated for filing of the appeal is 60 days from the date of communication of the order. According to petitioner even before the same could be taken up in the appeal, the confirmation order passed by the second respondent is given effect to. The respondent is said to have attached the amount standing in the account of the petitioner with fourth respondent Bank by issuing notice dated 28.03.2018. Consequently an amount of Rs. 24....
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....on, if any, moved by the assessee and for a reasonable period thereafter to enable the assessee to move a higher forum, if so advised. Coercive steps may, however, be adopted where the authority has reason to believe that the assessee may defeat the demand, in which case brief reasons may be indicated. 2. The stay application, if any, moved by the assessee should be disposed of after hearing the assessee and bearing in mind the guidelines in KEC International; 3. If the Assessing Officer has taken a view contrary to what has been held in the preceding previous years without there being a material change in fats or law, that is a relevant consideration in deciding the application for stay; 4. When a bank account has been attached, before ....
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....m enforcing the notice issued by the Assessing Officer on 12 March-2102 under Section 226(3). The attachment, if any, that has been levied shall stand lifted. and the said point is sought to be reiterated by relying upon several other judgments which are as under:- 1. UTI Mutual Fund v. Income Tax, (2012) 354 ITR 71. 2. Oracle India Pvt. Ltd. v. Union of India, W.P.No.21752/2013 (T-TAR), decision dated 18.06.2013. 3. The Director of Income Tax (Exemption), Mumbai v. The Income Tax Appellate Tribunal and Maharashtra Housing and Area Development Authority, W.P. (L) No.3174 of 2013, decision dated 04.02.2014. 4. Mahindra and Mahindra Ltd. v. Union of India, (1992) 59 ELT 505. 5. Ocean Driving Centre Ltd. v. Union of India, 200....
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....s proceedings the learned counsel appearing for the respondent Nos.1 to 3 tried to substantiate the act of the third respondent in relying upon Section 225 of the Act and other relevant provisions which are coming under Chapter 17(d) in support of the action of third respondent Income Tax officer in recovery of the tax assessed. This Court is of the opinion that the respondents have miserably failed to substantiate the illegal act committed by the third respondent in high handedly recovering the assessed amount. Despite the fact that statutorily he is prevented from doing so which is fortified by several judgments of various High Courts and Hon'ble Apex Court. In that view of the matter only thing this Court can understand is the pathetic i....