Hon’ble Income tax Appellate Tribunal in the case of Cleared Secured Services Pvt. Ltd. vs. Dy CIT SA No. 337/Mum/2019 in ITA No. 7302/Mum/2018 dated January 20, 2020 where an application for extension of stay of demand application is pending, and the department conducted the survey and attached the bank accounts, though the matter was heard and decision was awaited, the Hon’ble Tribunal heard the matter in the afternoon and same day passed the order restraining the revenue from further action. The Tribunal strongly condemned the revenue’s undue haste in recovering the demand.
Other case laws on the issue that when an application for stay of demand is pending before Tribunal no recovery proceedings are to be made are:
RPG Enterprises Ltd. v. Dy. CIT (2001) 251 ITR AT 20 (30) (Mum.) (Trib)
UTI Mutual Fund v. ITO 345 ITR 71 (Bom.) (HC)
Maharashtra Housing & Area Development Authority v. ADIT (E) [2014] 160 TTJ 129 (Mum (Trib.)
General Insurance Corporation of India v. ACIT (2019) 311 CTR 851 (Bom) (HC)
Mumbai Metropolitan Region Development v. DDIT (2015) 273 CTR 317 (Bom)(HC)
PCIT v. LG Electronics India Pvt. Ltd. (CA NO 6850 of 2018 dated July 20, 2018) www.itatonline.org
i agree with tribunal. so bad is revenue’ mental disorderly condition.