Regarding remand report & bank attachment
Ramesh Rathi
(Querist) 11 September 2014
This query is : Resolved
In our case Income Tax Officer has created high pitch I.T. demand for A.Y. 2009-10 by addition of purchase amount as purchases are made from hawala / suspicious dealers. Our case is in appeal before Commissioner of Income Tax & we have already submitted all documents such as stock register, bank statement & other documents to prove movement of goods & payment by A/c payee cheque. The Commissioner of Income Tax called for Remand report from Assessing Officer & submit the report to CIT(A) within 3weeks. The assessing officer has passed more than 3 months in sending his remand report without request for extension of time from CIT (A).During the pendancy of remand report Can Assessing Officer ask us in writing to pay total I.T. demand along with interest u/s 220(2) of I.T. Act & treating us defaulter in payment of I.T. dues & attack our bank Account for recovery proceeding u/s 226(3)..????
Meanwhile we have made application of stay of I.T. dues to CIT(A) which is pending.
Please recommend over above case.
Anirudh
(Expert) 11 September 2014
So long as there is no stay of recovery proceedings, the ITO can do what he has done to recover the outstanding tax demand.
Rajendra K Goyal
(Expert) 12 September 2014
He can proceed for recovery till stay not granted.
T. Kalaiselvan, Advocate
(Expert) 19 September 2014
The experts above have advised well, if you still having any more doubts, your auditor will be the best person for further opinion/advises.
