2020 (1) TMI 1205

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....h deserves to be considered by the bench. The submissions made in the course of mention are broadly the same as set out in the petition filed by the assessee applicant which states as follows: I, the under signed director of M/s. Clear Secured Services Private Limited (hereafter referred as 'assessee') would like to bring to your notice that Hon'ble 'C' Bench vide order dated 15/02/2019 in SA No. 54/Mum/2019, had granted stay to the assessee against the recovery proceedings initiated by the department, till the time appeal in case of ITA No. 7302/Mum/2018 was disposed or within 180 days from the date of the stay order, whichever was earlier. The period of 180 days of stay expired on 14/08/2019 and hence we ....

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....t extension on the stay till the time order is pronounced and direct the department to release the attachment of bank accounts forthwith. Prayer: In view of the above, the Petitioner humbly prays as under: a) We prays that the recovery proceedings may be stayed till the disposal of the appeal by the Hon'ble ITAT. b) To restrain the Assessing Officer from taking any coercive action as regards recovery of tax, interest and penalty levied or leviable for the subject assessment year. c) To forthwith release the attachment of bank accounts 2. Shri Sanjay Singh, learned CIT(DR) present in the court room, was supplied a copy of the petition filed by the assessee applicant, and he was also requested to addr....

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....20 itself. Such an undue haste in recovery of the disputed demands, in respect of which the hearing of appeal as also the stay petition is already concluded, is indeed inappropriate. The revenue authorities should have at least waited for the disposal of the stay petition. In these circumstances, we are of the considered view that the garnishee proceedings initiated by the revenue authorities should be placed under suspension till the stay petition is disposed of. As one of the Members constituting coram of the bench which has heard the stay petition is on tour to Delhi as at present and is likely to resume at Mumbai benches only on 27th January 2020, we deem it appropriate to grant interim stay on the proceedings till 29th January 2020, ti....