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TMI Blog2021 (7) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... r till finalization of dispute before appellate forum. This appears to be a reason which is coming in the way of banks / concerned authority from releasing property from attachment. The position emerges that there is no dispute on that petitioner has fulfilled the condition of deposit of 20% of amount for staying the effect and operation of order of demand. In the given circumstances, it would be proper that the attached property under order dated 25.11.2019 be released from attachment and as such, we allow the petition in terms of prayer clause (b). - WRIT PETITION (L) NO. 1341 OF 2021 - - - Dated:- 16-7-2021 - SUNIL P. DESHMUKH ABHAY AHUJA, JJ. Mr. Madhur Agrawal a/w Mr. Rohan Deshpande i/b. Farzeen Khambatta, Advocate, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shing details regarding assets held by the petitioner. Petitioner had also deposited a further sum of ₹ 2,00,000/- and also made further payment totaling to ₹ 36,00,523/-. In view of payment, petitioner had been requesting respondents to lift attachment having already deposited about 10% of outstanding demand. Petitioner had been facing financial hardship and had been making payments from time to time and had deposited a sum of ₹ 50,34,785/- by 24.09.2019. In the meanwhile, petitioner had been requesting the respondents not to proceed further against it as more than 15% of amount had been deposited. However, an order dated 25.11.2019 came to be issued attaching the property of the Petitioner bearing Flat No. 81, Advent, Ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing into transaction in respect of property that would be released from attachment. 8. Mr. Walve, learned counsel for the revenue submits that had the petitioner deposited 20% of tax dues earlier, the property would not have been attached. He submits that as the assessee is in appeal, the tax recovery officer cannot sell the property till demand becomes conclusive. He submits that there is no provision empowering the tax recovery officer to lift attachment over property unless 100% of the amount of demand is collected or till finalization of dispute before the Appellate Forum. 9. It appears that petitioner has been before appellate authority against the assessment order, disputing tax liability for AY 2010-11 and that there has been s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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