9911796707
TMI Blog2018 (4) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... section 226(3) of the Income Tax Act, 1961 addressed to the petitioner's bankers, viz., Canara Bank, Cutchery Road, V.H. Road, Erode, stating that the the petitioner is due and payable a sum of Rs. 6,82,18,782/-. Earlier, a notice was issued to the petitioner dated 26.03.2018, wherein, a payment of Rs. 4,61,50,180/- was made. It appears that this amount had increased to Rs. 6,82,18,782/- on account of the tax payable by the petitioner in respect of other assessment years other than the assessment year, viz., 2014-15. 3.The case of the petitioner is that as against the order passed by the Commissioner of Income Tax (Appeals)-III, Coimbatore, dated 14.02.2018, the petitioner has 30 days time from the date of receipt of the copy of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22.03.2018, after giving effect to the order dated 07.03.2018. Therefore, it is submitted that there is no error in the impugned notice. 5. Heard Mr.R.L.Ramani, learned Senior Counsel, appearing for the petitioner and Mr.A.P.Srinivas, learned Standing Counsel appearing for the 1st respondent. 6. The issue raised for consideration in this writ petition is whether the 1st respondent was justified in issuing notice under section 226(3) of the Income Tax Act, 1961? 7. Admittedly, on the date when the notice was issued, the petitioner has not preferred an appeal to the Income Tax Appellate Tribunal (ITAT) against the order passed by the Commissioner of Income Tax (Appeals)-III, Coimbatore, dated 14.02.2018. The limitation for filing the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to compliance of the said condition, attachment of the the petitioner's bank account shall stand lifted. The petitioner is at liberty to file an appeal before the Income Tax Appellate Tribunal (ITAT) and seek for an appropriate prayer. In the event the petitioner fails to comply with the condition imposed in this order, the benefit of this order will not enure to the petitioner. It is made clear that the Income Tax Appellate Tribunal (ITAT) shall decide the stay petition to be filed by the petitioner in accordance with law and while deciding the stay petition, shall take note of the payment which has been directed to be remitted by the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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