G. K. Reddy v. DCIT (No. 1) (2023) 461 ITR 42/ 156 taxmann.com 729 (Mad)(HC) Editorial: Refer G. K. Reddy v. Dy. CIT (No. 2) [2024] 461 ITR 104 (Mad)(HC)

S. 220: Collection and recovery-Assessee deemed in default-Stay-Attachment of bank accounts–The Revenue was directed to lift attachment so far as pension of the assessee concern and he was allowed to withdraw pension-Embargo on the petitioner from withdrawing any other amounts deposited in the attached account was continued with direction to appellate commissioner to dispose appeals within 3 months from the date of the High Court’s order.[Art. 226]

The bank accounts of the assessee were freezed for recovery of demand for A.Ys. 2007-08, 2008-09, 2010-11 and 2013-14. The appeals filed before the Tribunal for A.Ys. 2008-09 and 2010-11 were dismissed whereas the appeals for A.Y. 2010-11and 2013-14 were restored to the file of Appellate Commissioner. The assessee, under writ filed earlier, was required to pay tax demand in instalments but could pay only first instalment.  The Department declined to release the bank accounts attached. Hence, the assessee approached High Court for release of bank account. The High Court, after taking into consideration that the assessee besides pension also received amounts from other concerns, held that pension amount could not be attached. The High Court directed the Revenue to allow the assessee to withdraw pension and dispose pending appeals within 3 months from the date of the order. (AY. 2007-08, 2008-09, 2010-11, 2013-14) (SJ)