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TMI Blog2016 (7) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrary to the order. In our view, however, there was no wilful disobedience on the part of the respondents in having recovered the amount. They were under the impression that the order dated 05.06.2015 was operative only for 180 days, which is the period stipulated in the Act. Even assuming that the order dated 05.06.2015 was in existence, this would, at the highest, be only a bona fide error in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S. J. Vazifdar (ACJ) And Deepak Sibal, JJ. For the Petitioner : Ajay Vohra, Senior Advocate with Rohit Jain, Advocate For the Revenue : Urvashi Dhugga, Advocate For Respondent-Bank : Madhu Dayal, Advocate JUDGMENT S. J. Vazifdar ( ACJ) The petitioner seeks an order quashing a notice dated 04.01.2016 issued under Section 226(3) of the Income Tax Act, 1961, a writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) dated 02.07.2014. The appellant filed an appeal before the Tribunal which, by an order dated 30.09.2014, allowed the stay application filed by the petitioner. We are informed that the petitioner sought a stay of 180 days. The order, therefore, was limited to 180 days. On 25.03.2015, the petitioner filed another application for stay which, by an order dated 05.06.2015, was adjourned sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that despite the stay granted on 05.06.2015 and on 03.02.2016, the respondents issued the said recovery notice under Section 226(3) and proceeded to recover the amount lying to the credit of the petitioner in the respondent No.2-Bank. 4. We will assume that the order dated 05.06.2015 was not limited in time and that, therefore, recovery of the penalty was contrary to the order. In our view, how ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restricted to only 180 days. This period would come to an end on 02.08.2016. 6. In the circumstances, the ends of justice would be met by following order:- In the event of the stay being extended by the Tribunal for any period, the respondents shall refund the amount recovered, but subject to any conditions imposed by the Tribunal. 7. The petition is accordingly disposed of. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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