1997 (11) TMI 81

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.... preferred and is pending adjudication before the Tribunal at Delhi. The challenge before this Court was confined to the notice dt. 6th Nov., 1997 issued under s. 226 (3) of the Act addressed to M/s Synthetics & Chemicals Ltd. Bareilly. The impugned notice, inter alia, recites that the block assessment under s. 158BC r/w s. 158BD of the Act has been made on 30th Sept., 1997 in the case of the petitioner and the demand of income-tax was created at Rs. 4,56,20,628. The notice of demand has been duly served upon the petitioner on 4th Oct., 1997. Thus, the demand of income-tax was payable on 4th Nov., 1997 after the expiry of 30 days from the service of notice of demand. Paragraphs 2 and 3 of that notice read as under: "2. You have intima....

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....interfere and direct that the impugned garnishee order be not given effect to. The second contention of the petitioner was that although the petitioner could approach the Tribunal for stay of the recovery proceedings pending decision of the appeal before it, but that remedy was not efficacious and was futile, for, the Tribunal would not decide the stay application so long the matter was pending before the CIT, Central, Kanpur, in pursuance of the application made by the petitioner referred hereinabove. 3. We have considered these submissions carefully, but no case for interference has been made out. In the application dt. 7th Nov., 1997 addressed to the CIT, Central, Kanpur (Annexure-6 to the writ petition), it is averred, inter alia, th....