Dismissing the appeal against the order of single judge Court held that the prayer made by the petitioner could not be acceded on the ground that since the single judge on the petitioner’s earlier writ petition on similar contentions had held that the petitioner’s contentions lacked bona fides and highly disputed questions of fact had been raised. That order having attained finality, the petitioner should have taken steps to agitate its claim before the appropriate forum or civil court. Accordingly writ petition seeking a direction to the Commissioner to refund the amount wrongly credited in the account of respondent No. 4 which was frozen to recover tax dues under section 156 of the Income-tax Act, 1961 in respondent No. 2-bank in the account of the petitioner with respondent No. 3-bank and restraining the Commissioner from appropriating the amount due towards Income-tax.
Garhwal Logistics Ltd. v. ITO (2023)453 ITR 527 (Delhi)(HC) Editorial : Order single judge, Garwal Logistics Ltd. v. CIT (2023)453 ITR 524 (Delhi)(HC),
S. 156 : Notice of demand -Bogus accommodation entries – lacked bona fides- Refund of money transferred to bank account in which Department had Lien for tax dues of company- Question of facts –Single judge held that the assessee should approach appropriate Forum or Civil Court [Art. 226]