Patna H.C : When the attachment was made under s. 226(3) of the IT Act, 1961 the petitioner itself undertook to deposit the amount in instalment and thereafter the attachment was recalled

High Court Of Patna

Bihar State Co-Operative Bank Ltd. vs. Union Of India & Ors.

Section 226(3)

Nagendra Rai Actg. C.J. & S.N. Hussain, J.

CWJC No. 3754 of 2005

28th March, 2005

JUDGMENT

By the court :

Heard learned counsel for the parties.

Admittedly, appeal is pending against the assessment order. When the attachment was made under s. 226(3) of the IT Act, 1961 the petitioner itself undertook to deposit the amount in instalment and thereafter the attachment was recalled. Now the petitioner is making a prayer to stay the realisation of the amount till the disposal of the appeal. The petitioner cannot be allowed to blow hot and cold. Once it has undertaken to deposit the amount, it cannot take a different stand. In that view of the matter, the prayer for stay of realisation of the amount till the disposal of the appeal is rejected. However, the appellate authority is directed to dispose of the appeal expeditiously preferably within two months from the date of receipt/production of a copy of this order.

[Citation : 281 ITR 169]

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