2012 (2) TMI 306 - HC - Income Tax

Garnishing order passed in pursuance of order passed for default in deduction of TDS - said orders are subject matter in the appeal before the CIT - money lying in the bank account of the petitioner attached by the department assessee contends no amount is due from it since amount has been paid by the deductee validity of garnishing order assessee also apprehends that once the money has been taken away by the department under garnishing order revocation of the notice will be of no consequence - Held that - The attachment is only interim arrangement and it also does not attain the finality with the payment to the person who is entitled to receive the amount for whom the garnishing order was passed till liability of that defaulter attains finality and money is adjusted under lawful order. Attachment order would itself will fell if the garnishing order and the notice itself is withdrawn by the A.O. requiring re-payment of the money by the department to the Bank. In that situation petitioner may approach the A.O. for revocation of the garnishing order and further we direct the CIT to proceed with the appeal preferred by the petitioner expeditiously.

Summary

Issues:
Consolidated garnishing order passed against the writ petitioner for different years | Failure of appellate authority to pass an order on pending stay petition | Violation of procedure by Assessing Officer in issuing garnishing order | Interpretation of statutory provisions regarding garnishing notice and revocation | Concerns regarding revocation of garnishing notice after money has been taken away | Opportunity for writ petitioner to challenge order of non-revocation of garnishing order

Analysis:
The judgment addresses various issues concerning the writ petitioner's grievance against a consolidated garnishing order passed by the Assessing Officer. The petitioner argued that the order was unjust as the appellate authority had not decided on the pending stay petition. The petitioner contended that as the deductee had paid the tax amount, they should not be held liable for the tax, citing relevant case law. The court considered the statutory provisions under Section 226 of the Income Tax Act, emphasizing the procedure for issuing garnishing notices and the rights of the assessee to object and seek revocation.

The judgment highlighted the importance of serving a copy of the garnishing notice to the assessee promptly and allowing objections to be submitted. It discussed the Assessing Officer's power to demand payment "forthwith" and the subsequent procedures for objection and revocation of the notice. The court clarified that the notice of garnishing could be withdrawn at any time, even after execution, emphasizing the significance of the word "forthwith" in demanding payment.

Regarding concerns about revocation after the money had been taken away, the judgment explained that revoking the notice would nullify the action taken under the garnishing order, requiring the department to refund the money to the petitioner. The court directed the petitioner to approach the Assessing Officer for revocation of the garnishing order and instructed the Commissioner of Income Tax to expedite the appeal process within a month. The judgment granted the petitioner the opportunity to challenge any order of non-revocation of the garnishing order under the relevant statutory provision, ensuring due process and fairness in the proceedings.