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we are of the considered view that the garnishee proceedings initiated by the revenue authorities should be placed under suspension till the stay petition is disposed of. As one of the Members constituting coram of the bench which has heard the stay petition is on tour to Delhi as at present and is likely to resume at Mumbai benches only on 27th January 2020, we deem it appropriate to grant interim stay on the proceedings till 29th January 2020, till disposal of stay petition, till the disposal of the appeal, or till further orders in this regard- whichever is earlier. In the meantime, operations of all the garnishee notices issued by the revenue authorities on the bankers of the assessee, on or after 17th January 2020, shall remain suspended. The revenue authorities are further directed not to resort to, or continue with, any other coercive measures also, in the meantime, to recover the disputed outstanding demands impugned in appeal before us. Ordered, accordingly.

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Sec. 220 & 254(2A) of Income Tax Act, 1961—Recovery—  The hearing of stay petition was concluded, as per information available on 17th January 2020 but the order thereon has not been passed as yet since one of the Members constituting quorum of the bench has gone on tour to Delhi benches due to unavoidable official exigencies. In the meantime, however, the revenue authorities have already issued garnishee notices, under section 226(3) to the bankers of the assessee on 17th January 2020 itself and such an undue haste in recovery of the disputed demands, in respect of which the hearing of appeal as also the stay petition is already concluded, is indeed inappropriate, accordingly, the revenue authorities should have at least waited for the disposal of the stay petition and in these circumstances, it was held that the garnishee proceedings initiated by the revenue authorities should be placed under suspension till the stay petition is disposed of— Cleared Secured Services (P) Ltd. vs. Dy. CIT [2020] 203 TTJ 657 (MUM)

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