IT Department to consider Debtor’s Representation whose Pension Account was Attached: Delhi HC

The High Court of Delhi directed the Income Tax Department to consider the representation by the debtor whose pension account was attached by the Income Tax Department.

The petitioner, Lalita Aggarwal seeks a direction to the respondents to modify the attachment of the bank account of the petitioner and to permit withdrawal of the amounts deposited as pension in the State Bank of India and HDFC Bank accounts and further seeks to quash of a blanket attachment order, whereby the pension accounts have been attached.

The petitioner contends that the pension amounts being deposited in the bank accounts of the petitioner have been attached. Further, it was submitted that the attachment of pension is exempt under Section 11 of the Pension Act, 1871.

The single-judge bench of Justice Sanjeev Sachdeva directed the Income Tax Department to consider the representation by the debtor whose pension account was attached by the Income Tax Department.

“On petitioner filing a representation, the competent authority shall consider the same and dispose of it, in accordance with the law, bypassing a speaking order, preferably, within a period of one week,” the bench stated.