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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate

Devki Nandan Bindal C/o Kapil Goel, Adv., F-26/124, Sector-7, Rohini, New Delhi. vs. ITO Ward-46(3), New Delhi.
May, 24th 2019
          IN THE INCOME TAX APPELLATE TRIBUNAL
                DELHI BENCH: `B' NEW DELHI

         BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                                &
            SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER

              Stay Application No. 593/Del/2019
                    (ITA No. 4271/Del/2019)
                  (Assessment Year: 2010-11)

Devki Nandan Bindal                 vs   ITO
C/o Kapil Goel, Adv.,                    Ward-46(3),
F-26/124, Sector-7,                      New Delhi.
Rohini, New Delhi.
PAN No. AHEPB8698Q
APPELLANT                                RESPONDENT

        Assessee by           Shri Kapil Goel, Adv.
        Revenue by            Shri Surendra Pal Singh, Sr. DR

                Date of Hearing            24.05.2019
             Date of Pronouncement         24.05.2019

                                ORDER

PER SHRI BHAVNESH SAINI, J.M.

     We have heard Ld. Representatives of both the parties. It is a
case of high demand of Rs. 33.11 crores.

2.   Ld. Counsel for assessee submitted that assessee is not in a
position to pay anything to the Revenue Department.         He has
submitted that an assessee has a good case on legal issues. He
has therefore, prayed that in case early hearing is granted, we will
not be pressing stay application.
                                 2
                                         Stay Application No. 593/Del/2019








3.   Ld. DR has no objection for grant of early hearing of the
appeal.

4.   In view of the above facts, we dismiss the stay application as
withdrawn, however, early hearing of the appeal is granted. Office
is directed to fix the appeal for hearing on merits on 22nd August,
2019 for which date no separate notice will be issued.

4.   In the result, stay application is dismissed as withdrawn with
the above direction.

     Order pronounced in the open Court.


              Sd/-                            Sd/-
        (N.K. BILLAIYA)                   (BHAVNESH SAINI)
    ACCOUNTANT MEMBER                    JUDICIAL MEMBER
Dated: 24.05.2019
*Kavita Arora






Copy forwarded to:
1.  Appellant
2.  Respondent
3.  CIT
4.  CIT(Appeals)
5.  DR: ITAT
                       TRUE COPY

                                        ASSISTANT REGISTRAR
                                             ITAT NEW DELHI
                                              3
                                                         Stay Application No. 593/Del/2019



Date of dictation                                                    24.05.2019
Date on which the typed draft is placed before the dictating         24.05.2019
Member
Date on which the typed draft is placed before the Other Member
Date on which the approved draft comes to the Sr. PS/PS              24.05.2019
Date on which the fair order is placed before the Dictating Member   24.05.2019
for pronouncement
Date on which the fair order comes back to the Sr. PS/PS             24.05.2019
Date on which the final order is uploaded on the website of ITAT     24.05.2019
Date on which the file goes to the Bench Clerk                       24.05.2019
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant Registrar for
signature on the order
Date of dispatch of the Order

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