2005 (3) TMI 493 - HC - Income Tax

When the attachment was made under section 226(3) of the Income-tax Act, 1961 the petitioner itself undertook to deposit the amount in instalment and thereafter the attachment was recalled. Now the petitioner is making a prayer to stay the realisation of the amount till the disposal of the appeal. - petitioner cannot be allowed to blow hot and cold. Once it has undertaken to deposit the amount, it cannot take a different stand. In that view of the matter, the prayer for stay of realisation of the amount till the disposal of the appeal is rejected

Summary

The High Court of Patna rejected the petitioner's request to stay the realization of the amount pending appeal, as the petitioner had already agreed to deposit the amount in installments. The appellate authority was directed to expedite the appeal process, ideally within two months.