Where despite stay granted by Tribunal revenue attached and took away proceeds of assessee's bank account, revenue was directed to lift attachment

 IT : Where despite stay granted by Tribunal revenue attached and took away proceeds of assessee's bank account, revenue was directed to lift attachment

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[2014] 48 taxmann.com 354 (Delhi)

HIGH COURT OF DELHI

A.T. Kearney India (P.) Ltd.

v.

Income Tax Officer*

S. RAVINDRA BHAT AND R.V. EASWAR, JJ.

W.P. (C) NO. 1937 OF 2014

MARCH  28, 2014

Section 222, read with sections 220 and 254, of the Income-tax Act, 1961 - Collection and recovery of tax - Certificate proceedings (Attachment) - Tribunal allowed assessee's application for stay against demand of tax for a period of 180 days - Despite stay granted by Tribunal, revenue attached and took away proceeds of assessee's bank account - Whether since income-tax authorities were represented by CIT-DR before Tribunal and order on stay application was also pronounced in open Court on that date, submission of revenue that concerned Assessing Officer was not intimated, could not be accepted - Held, yes - Whether, therefore, revenue should lift attachment and ensure that amounts recovered were deposited back in assessee's account within a week - Held, yes [Paras 3 to 5] [In favour of assessee]

Salil Kapoor, Ankit Gupta, Sanat Kapoor, Vikas Jain and S. Varun Gupta for the Petitioner. Sanjeev Sabharwal for the Respondent.