When the first appeal was pending .Revenue has attached bank account and recovered the amount . On writ allowing the petition the Court directed the revenue to refund 85 % of tax recovered without following the due process of law . On facts notice under S. 221 was issued on 6-2-2017 and dispatched on 16-2-2017. Notice was received by assessee on 17-2-2017. Attachment of bank account of assessee on first working day after that and withdrawal of amount in Bank . Stay was granted.( AY.2014-15)
Sunflower Broking Pvt. Ltd. v. DCIT (2018) 403 ITR 305 (Guj) (HC)
S. 221 : Collection and recovery – Assessee deemed in default -Pendency of appeal before CIT(A) -Attachment of bank account and recovery of amount -Recovery of the amount was held to be without following the due process of law -Stay was granted and directed the revenue 85 percent of tax recovered [ S. 156 ]