Fish Poultery And Egg Marketing Committee v. Income Tax Officer

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3240/2015 FISH POULTERY AND EGG MARKETING COMMITTEE ..... Petitioner Through:

Ms.Avnish Ahlawat and Mr.Paras Chaudhary, Advocates versus INCOME TAX OFFICER ..... Respondent Through:

Mr.Ruchir Bhatia, Sr.Standing Counsel and Mr.Puneet Rai, Jr.Standing Counsel

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 22.08.2016 C.M.No.30432/2016 Relief claimed by the petitioner committee was for release of its bank accounts lying with the respondent till the appeal filed by it before the Commissioner of Income Tax (Appeals) is decided. Seeking to enforce the assessment order the income tax authorities attached the petitioner's bank accounts along with some amount lying in it. It is submitted by the counsel appearing on behalf of the revenue, who has obtained instructions, that CIT (A) by order dated 02.05.2016 allowed the petitioner's appeals. Consequently, this attachment order cannot have effect. We also notice that this court had at the stage of entertaining proceedings itself by the interim order partially suspended the operation of the attachment order. In the light

of the subsequent developments, the impugned attachment order is quashed. The amount shall be forthwith deposited in the petitioner's account along with interest as admissible, in accordance with law. In the light of the above orders, the date previously fixed i.e. 17.10.2016 is hereby cancelled.

Writ petition is allowed in the above terms.

Dasti.

S. RAVINDRA BHAT, J DEEPA SHARMA, J AUGUST 22, 2016 rb