Court held that, recovery proceedings cannot be initiated before expiry of period of limitation to file before the Tribunal ie 60 days from the date of receipt of order.Revenue cannot issue notice for recovery directly to Assessee’s bank without giving an opportunity to be heard. Appropriate direction for re-crediting the amount to Assessee’s bank accountis issued to the Revenue.Court also held that ,the principle laid down in the case of Shri Lakshmi Brick Industries v TRO [2013] 351 ITC 345 and the judgement of Hon’ble Supreme Court of India in case of Mohan Wahi v CIT [2001] 248 ITR 799(SC) would apply with full force in the present case and it will be fully justified in issuing appropriate direction to re-credit the amount to the Assessee’s bank account. (W. P. No 33765 of 2017 / W.M.P Nos 37408 and 37410 of 2017 dt. 22-12-2017) (AY. 2009-2010)
Rapid Care Transcription (P) Ltd .v. ITO (2018) 404 ITR 244/ 253 Taxman 392 /164 DTR 285/ 302 CTR 415 (Mad)(HC).
S. 226 : Collection and recovery – Stay -Proceedings cannot be initiated before expiry of period of limitation to file before the Tribunal ie 60 days from the date of receipt of order- Revenue cannot issue notice for recovery directly to Assessee’s bank without giving an opportunity to be heard – Appropriate direction for re-crediting the amount to Assessee’s bank account issued to the Revenue.[S.220(6) , 253 ]