Lalita Agarwal v. Principal Commissioner Of Income Tax & ORS

$~A-16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3028/2020 & CM APPL.10545/2020 LALITA AGARWAL ..... Petitioner Through Mr.S.K.Pal, Adv.

versus PRINCIPAL COMMISSIONER OF INCOME TAX & ORS ..... Respondents Through Mr.Ruchir Bhatia and Mr.Shlok Chandra, Advs. for R-1.

Mr.Jayant Bhatt, Mr.Umang Verma, Ms.Deepali Suri and Mr.Apoorva Jain, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 15.07.2020 1.

This hearing is conducted through video-conferencing. 2.

This writ petition is filed by the petitioner seeking to modify the attachment of bank accounts to allow the petitioner to withdraw the amounts being deposited as pension in SBI and HDFC banks; and a direction is also sought to always preclude any pension amounts in order of attachment of bank accounts as per law laid down.

3.

On 05.05.2020, this court had noted the submission of the learned counsel for respondent No.1 that in case a representation is made by the petitioner in view of the COVID-19 pandemic, the department shall consider sympathetically the case of the petitioner for removing the attachment of the pension amounts.

4.

Respondent No.1 has now filed a counter affidavit. In the counter affidavit, it has been stated that after considering the facts on record,

submissions of the petitioner and prevailing circumstances of COVID-19, the release of the pension amount was allowed vide order dated 22.05.2020. It is further stated that vide letter dated 22.05.2020 defreezing of the pension amount in the bank accounts has been sent to the respective banks. Copies of the said letters have been placed on record. Counter affidavit further states that all other issues are already pending in appeal filed by the petitioner before the CIT(A).

5.

Learned counsel appearing for the petitioner accepts that the pension account has been released. He however now states that even the PPF account of the petitioner has been attached.

6.

There is no prayer regarding the PPF account in this petition. It appears that the same has been done recently. 7.

Let the petitioner make a representation to respondent No.1 regarding the said attachment of the PPF account. In case, such a representation is made, respondent No.1/concerned officer shall deal with the representation as per law and pass an appropriate order expeditiously. 8.

Nothing further survives in this petition. The petition is accordingly disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

JULY 15, 2020/v