Ramen Deka vs. The Union Of INDIA And 5 Ors

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WP(C)/1695/2026HC GauhatiGSTCNR GAHC01005521202625 May 2026Bench: HONOURABLE MR. JUSTICE MANISH CHOUDHURY3 pages
AI SummaryDismissed

Facts

The petitioner, Ramen Deka, filed a writ petition before the Gauhati High Court challenging an action by the Income Tax Department. The Income Tax Department, through a Notice dated 19.02.2024 issued under Section 226[3] Clause [1] of the Income Tax Act, 1961, had directed the HDFC Bank Ltd. (respondent no. 6) to debit-freeze the petitioner's bank account. The petitioner's counsel submitted that an appeal against the Assessment Order dated 15.03.2023 was pending before the First Appellate Authority. Consequently, the petitioner sought permission to withdraw the writ petition with liberty to pursue other legal remedies.

Held

The Court noted the submission made by the petitioner's counsel, Mr. Dubey, that an appeal against the Assessment Order dated 15.03.2023 was pending before the First Appellate Authority. Based on this submission, the petitioner sought to withdraw the writ petition with the liberty to seek recourse to appropriate remedies as permissible under the law. The Court accepted this request. The Court dismissed the writ petition on withdrawal, granting the petitioner the liberty to pursue other legal avenues. The specific merits of the debit freeze notice under Section 226[3] Clause [1] of the Income Tax Act, 1961, in the context of the pending appeal, were not adjudicated upon by the Court as the petition was dismissed on withdrawal. No specific issue was expressly left undecided.

Key Issues

1. Whether the Income Tax Department was justified in debit-freezing the petitioner's bank account while an appeal against the Assessment Order was pending before the First Appellate Authority, under Section 226[3] Clause [1] of the Income Tax Act, 1961? The petitioner argued that since an appeal against the Assessment Order dated 15.03.2023 was already pending before the First Appellate Authority, the action of debit-freezing the bank account was premature or inappropriate. The petitioner sought to withdraw the writ petition with liberty to pursue appropriate remedies, implying a challenge to the validity or timing of the debit freeze notice. The Revenue (Income Tax Department) presented a Notice dated 19.02.2024 issued under Section 226[3] Clause [1] of the Income Tax Act, 1961, which was the basis for the debit freeze. No specific arguments were recorded from the Revenue's side regarding the merits of the debit freeze in light of the pending appeal, beyond presenting the notice.

Sections Cited

Section 226[3] Clause [1] of the Income Tax Act, 1961

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/3 GAHC010055212026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1695/2026 RAMEN DEKA SON OF LATE RAMESH CHANDRA DEKA, RESIDENT OF CHILARAI NAGAR PATH, LAXMI NAGAR, JAPORIGOG, DISTRICT- KAMRUP (M), ASSAM- 781005 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, SECRETARIAT BUILDING, NEW DELHI-1 2:NATIONAL FACELESS ASSESSMENT CENTRE DELHI 2ND FLOOR E-RAMP JAWAHARLAL NEHRU STADIUM NEW DELHI-3 3:THE COMMISSIONER (APPEALS) OF INCOME TAX DEPARTMENT NATIONAL FACELESS APPEAL CENTRE C-LOCK 4TH FLOOR CIVIC CENTRE MINTO ROAD NEW DELHI- 110002 4:THE ASSESSMENT UNIT INCOME TAX DEPARTMENT NATIONAL FACELESS APPEAL CENTRE 2ND FLOOR E-RAMP JAWAHARLAL NEHRU STADIUM NEW DELHI- 110003 5:THE INCOME TAX OFFICER ACIT CIRCLE-2 AAYAKAR BHAWAN CHRISTIAN BASTI G.S.ROAD GUWAHATI- 781005 Page No.# 2/3 6:THE BRANCH MANAGER HDFC BANK LTD. PANBAZAR BRANCH JASWANTA ROAD PANBAZAR GUWAHATI ASSAM- 78100 Advocate for the Petitioner : MR. R S MISHRA, MS N B KAYASTHA,MS. A B KAYASTHA,MR. A N I HUSSAIN,MR. R DUBEY,MS. M DEY,MS B SARMA Advocate for the Respondent : DY.S.G.I., SC, INCOME TAX DEPTT.,MR. P SARMAH (R-6),R BASUMATARY (R-6),MR R CHAKRAVORTY (R-6),SC, GST BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER Date : 26.05.2026 Heard Mr. R. Dubey, learned counsel for the petitioner; Mr. J. Chopra, learned Standing Counsel, Income Tax Department for the respondent nos. 2-5; and Mr. R. Chakravorty, learned counsel for the respondent no.

6.

Mr. Chopra has handed over to Mr. Dubey a copy of the Notice dated 19.02.2024 issued under Section 226[3] Clause [1] of the Income Tax Act, 1961 by the respondent Income Tax Department [marked & kept with the case record as Document – ‘A’] whereby the Bank Account of the petitioner maintained at the respondent no. 6 Bank has been kept debit- freezed. Mr. Dubey, having received a copy of the said Notice, has submitted that since the appeal preferred against the Assessment Order dated 15.03.2023 is presently pending before the First Appellate Authority, the petitioner may be allowed to withdraw this writ petition, with the liberty to seek recourse to appropriate remedy as permissible under the law. In view of the above submission made by Mr. Dubey, learned counsel for the petitioner,

Page No.# 3/3 the writ petition is dismissed on withdrawal, with the liberty as sought for. JUDGE Comparing Assistant

Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.