Siolim Urban Co-op. Credit Society. Ltd. v. CIT [2021] 127 taxmann.com 812 (Bom)( HC)

S. 220 : Collection and recovery – Assessee deemed in default – Modes of recovery -Pendency of appeal before CIT(A)-Recovered more than 20 percent of demand – Revenue is directed to refund excess amount recovered from the bank .[ S. 226 , Art. 226 ]

 Assessee deposited 20 per cent of assessed amount  when the appeal was pending before Commissioner (Appeals) to secure interim relief in respect of assessment for assessment year 2014-15 .Later, appeal for said assessment year was allowed by Commissioner (Appeals) . Assessing Officer once again passed an assessment order on same issue for relevant assessment year which was contrary to order made by Commissioner (Appeals) for assessment year 2014-15 and demand was made to pay tax – Assessee filed appeal before Commissioner (Appeals) . In meanwhile Assessing Officer issued notice to bank to seize accounts of assessee and remit demand amount to revenue. On writ the Court held that since revenue already had amount earlier deposited by assessee with Commissioner (Appeals) in relation to assessment year 2014-15 which corresponded to more than 20 per cent of demand amount for relevant assessment year, issuance of  notice to assessee’s bank to recover demand amount was not justified – Held, yes – Whether said amount was to be treated as deposit in appeal challenging assessment order for assessment year 2017-18 and revenue is  directed to refund amount recovered from bank account of assessee.(AY. 2017 -18 )

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