TaxTMI 
TaxTMI 
2026 (4) TMI 1893
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.... of various projects given for development under the Development Agreement with M/s. Vasavi Infracon. 2. The learned Authorised Representative of the Assessee has submitted that the assessments were completed after search and seizure action conducted in the case of Vasavi Group and the Assessing Officer has made the additions on account of unaccounted receipts as found in the seized material during the search in the case of Vasavi Group. The assessee has now challenged the Order of the Assessing Officer as well as learned CIT(A) before the Tribunal by filing appeals which are listed for hearing on 04.05.2026. The learned Authorised Representative of the Assessee has thus submitted that since the appeals of the assessee are already listed....
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....ment of the account is a natural procedure for recovery of the outstanding demand. The assessee has not even satisfied the conditions prescribed u/sec.254(2A) of the Act for making the payment equivalent to 20% of the disputed demand. 4. We have considered the rival submissions as well as relevant material on record. The appeals of the assessee are already listed for hearing on 04.05.2026 however, the Assessing Officer has already attached the bank accounts of the assessee vide notice dated 13.03.2026 u/sec.226(3) of the Act. The assessee has questioned the validity of the action taken by the Assessing Officer without following the procedure and advance copy of the said notice to the assessee. It is manifest from the notice u/sec.226(3) ....
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....ndicated that as appeal had been filed against the assessment order for the assessment year in question. In my view, once on February 11, 2010 the factum of filing of appeal was made known to the said respondent, the said respondent ought to have disposed of the stay application without proceeding further with the attachment notices. It is to be noted that section 220(6) of the Act postulates that where an appeal under section 246 or 246A is pending, the Assessing Officer las the discretion, subject to such conditions as he may think fit to impose in the circumstances of the case, to treat the assessee as not being in default in respect of the amount in dispute in the appeal as long as such appeal remains pending, even though the time for p....
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....10 in the writ proceeding cannot be accepted. Hence, as evident, the said attachment notices withdrawn by the said respondent were without any cause. Thus, the four attachment notices under section 226(3) though withdrawn by order dated March 17, 2010 by the said respondent, as a sum of Rs.1,66,000 was debited illegally on February 12, 2010 without disposing of the stay application and without serving notice as postulated under section 226(3)(iii), the action in debiting the sum cannot be sustained and is, thus, set aside and quashed. The said respondent is directed to credit the said sum of Rs.1,66,000 with the account of the pro forma respondent No. 8 maintained with respondent No. 4 within a fortnight from the date of furnishing the cert....