• Attachment of bank account u/s 226(3) of I.T. Act

The Tax Rec officer has attached and withdrawn complete balance in Company's Current Account reportedly u/s 226(3) of I.T Act against personal tax liability of a [non-share-holder] Director.

The bank did not even point out that the said account does NOT belong to the [defaulting] assessee.

Will writing to the CIT facilitate resolution of the issue?
Asked 8 years ago in Income Tax

Yes.... you should mention this fact in the letter explaining different PAN and jurisdiction. You should also mention that they are different assesse.

Vidya Jain
CA, Kolkata
1026 Answers
58 Consultations

Sir before suggesting or commenting on the said issue we need to see the Notice already sent to you. Also we need to assessee the previous details of the said Case.

The person to whom a notice under this sub- section is sent fails to make payment in pursuance thereof to the 7 Assessing] Officer 8 or Tax Recovery Officer], he shall be deemed to be an assessee in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear of tax due from him, in the manner provided in sections 222 to 225 and the notice shall have the same effect as an attachment of a debt by the Tax Recovery Officer in exercise of his powers under section 222.

Shyam Sunder Modani
CA, Hyderabad
1409 Answers
164 Consultations

hi,

you can refer to link.

http://www.topcafirms.com/index.php/white-paper/5499-recourse-to-section-2263-of-income-tax-act-1961-while-stay-petition-is-pending

and can file an appeal to CIT(A) regarding the above matter.

Make sure you sent mail by registered post and keep the acknowledgement slip carefully for future reference and proof.

Vishakha Agarwal
CA, Bangalore
448 Answers
85 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA