M/S CHINA CONSTRUCTION SAUSUM INDIA PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-17, DELHI

1. Allowed, subject to just exceptions. W.P.(C) 11743/2022 & CM APPL. 34943/2022[Application filed on behalf of the petitioner seeking interim relief]

2. Issue notice. 2.[1] Mr Kunal Sharma accepts notice on behalf of the respondents/revenue. W.P.(C) 11743/2022 2022:DHC:3040-DB

3. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself, as only a limited issue is raised before us.

4. This writ petition is directed against the garnishee order dated 25.07.2022, which is addressed by the respondents/revenue to the petitioner’s bank i.e., ICBC Bank of China.

4.1. This garnishee order was issued under section 226(3) of the Income Tax Act, 1961 [in short, ‘the Act’].

4.2. The garnishee order directs the aforementioned bank to remit Rs. 317,56,70,954/- to the respondents/revenue.

5. It is not in dispute that the aforementioned garnishee order rides on the back of the order dated 20.07.2022 issued by the Assistant Commissioner of Income Tax, Central Circle 17, Delhi [in short, ‘ACIT’]. 5.[1] ACIT via the aforesaid order, evidently, has rejected the application preferred by the petitioner, seeking stay of recovery proceedings.

5.2. This application was moved by the petitioner under Section 220(6) of the Act.

5.3. It is also not disputed that the petitioner has moved an application for review of the aforesaid order, which is pending consideration with respondent no. 2 i.e., Principal Commissioner of Income Tax [in short, ‘PCIT’].

5.4. This step has been taken in consonance with the provisions of Office Memorandum dated 29.02.2016.

5.5. Although the expression ‘review’ has been used in the memorandum, it is more in the nature of a revisional power, as the order which is sought to be reviewed has been passed by ACIT.

6. Furthermore, we are also informed (and something which is not disputed), that appeals against the separate orders of even date i.e., 31.05.2022, have been preferred concerning Assessment Years (AYs) 2019- 20 to 2021-22, with the Commissioner of Appeals.

6.1. These appeals, we are told are pending consideration.

7. Given the aforesaid position, the operation of the impugned garnishee order dated 25.07.2022 shall remain stayed till such time the PCIT i.e., respondent no. 2 disposes of the application for review/revision pending before it. 7.[1] In case the decision of the PCIT/respondent no. 2 is adverse to the interests of the petitioner, no effect will be given to the same for one week from the date of service of order.

8. The writ petition is disposed of in the aforesaid terms.