recovery of demand

Draft Application for Unfreeze Bank Account-Income Tax Act 1961

Income Tax - With due respect I would like to state that on processing of my income tax return for the AY 2017-18 Income Tax Department freeze my bank account (A/c No. xxxxxxxxxxxx of SBI Bank) due to the reason of outstanding tax liability as processed in intimation u/s 143(1), Which I have rectified and received rectification order dated 20th Januar...

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Recovery & Stay Proceedings under Income tax- Issues

Income Tax - Such appeal shall be filed before the Chief Commissioner of Income Tax (CCIT) or Commissioner of Income Tax (CIT) [II Schedule Rule 86(1)] Every appeal under the rule 86 is to be presented within 30 days from the date of order appealed against [II schedule Rule 86(2)]....

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Section 78-79 | Recovery of tax | CGST Act 2017

Income Tax - Simplified GST Series –Section 78-79 /Recovery of tax /CGST ACT 2017 Section 78-Initiation of recovery proceedings Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery […]...

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Demands & Recovery under GST | Section 73 | CGST Act 2017

Income Tax - Simplified GST Series –Demands & recovery /Section 73/CGST ACT 2017 Section 73- Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts. (1) Where it appears to the proper officer that any ...

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Stay of demand proceedings before Income-tax Appellate Tribunal

Income Tax - The ITAT may, on an application made by the assessee and after considering the merits of the application, pass an order of stay in any proceedings relating to an appeal filed under section 253(1). If the ITAT is not able to dispose off the appeal under first proviso, the stay can be extended upto 365 […]...

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TDS deducted but not deposited – Demand against deductee

Income Tax - The Central Board of Direct Taxes had issued directions to the field offices that taxpayers whose tax has been deducted at source but not deposited to the Government’s account by the deductor, will not be asked to pay the demand to the extent tax has been deducted from his income....

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Revised guidelines for stay of demand at first appeal stage

Income Tax - With a view to streamline the process of grant of stay of demand when the case of the taxpayer is pending before Commissioner (Appeals) and to standardize the quantum of lump sum payment required to be made by the assessee as a pre-condition for stay of demand disputed, the Central Board of Direct Taxes has issued fresh guidelines to the ...

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Amend Section 281B To Provide Release Of Attached Property On Submission Of Bank Guarantee

Income Tax - Under Section 281B, AO has the power to provisionally attach the assets, with the approval of the CIT/CCIT. Such attachment is supposed to be temporary, with a limit of 6 months, extendable to a maximum of 24 months. However, in view of the fact that in many such cases, the proceedings itself get stayed as a result of applications made by...

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Recommendations Regarding Recovery of Disputed Income Tax Demand

Income Tax - Under the existing regime for recovery of demand, Assessing Officers insist upon collecting disputed demands even when they are in appeal. The situation is aggravated in years when the revenue collection targets are ambitious. In practice, this is leading to serious hardship to the taxpayer particularly in cases where there is high-pitche...

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Draft circular on arrear recovery manual for Central Excise, Customs and Service Tax

Income Tax - Notification No. 70/2010 Feedback/Comments may be sent to Chief Commissioner (TAR) within two weeks at [email protected] Hard copy of the same may follow. PREFACE The arrears of revenue have been piling up over the years due to which it has been felt necessary to compile a ‘Hand Book’ of all legal provisions , including instructions,...

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Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

Smt. Saroja Vs ITO (Madras High Court) - The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law?...

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During stay application pendency A.O. cannot ask banks to pay tax of taxpayer 

Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) - Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) The issue under consideration is the notice issued by the Income Tax Officer (ITO) to the petitioner’s bank i.e. Ratnakar Bank Ltd., requiring the bank to remit an amount of 2,33,42,040/- as dues towards the payment...

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Section 179: No Tax recovery from director if same can be recovered from Company

Sonal Nimish Patel Vs ACIT (Gujarat High Court) - In the show-cause notice, there is no whisper of any steps having been taken against the Company for recovery of the outstanding amount. Even in the impugned order, no such details or information has been staled....

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Stay on recovery of demand cannot be rejected merely relying on CBDT instruction

M/s. Shriram Finance Vs Pr. CIT (Madras High Court) - Since CIT rejected assessee’s application for stay of recovery of demand merely relying of CBDT instruction which was cryptic and non-speaking as CBDT circular/instruction could not serve as a series of guidelines in the matter of grant of stay, therefore, the matter was remanded back to CIT for d...

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HC passes severe strictures against DCIT for illegal tax recovery

Nu-Tech Corporate Services Ltd Vs Income Tax Officer (Bombay High Court) - The court ordered the refund due for AY 1993-94 and 1995-96 to be granted to the assessee along with appropriate interest and also ordered a sum of INR 1.50 Lakhs to be paid to the assessee on account of inefficiency and lapse on the part of the department....

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CBDT revises guidelines for intrusive or coercive tax recovery

F.No.275/29/2020-IT(B) - (19/10/2020) - Corrigendum to Order under section 119 of the Income-tax Act, 1961 dated 16.10.2020 for exercising power of intrusive or coercive action for recovery of tax demand by Assessing Officers or Tax Recovery Officers. F.No.275/29/2020-IT(B) Government of India Ministry of Finance Department of Revenue Cen...

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CBEC officers should focus on recovery of arrears: CBEC Chairman

DO.No.12/CH(EC)/2018 - (23/03/2018) - As we near the end of the Financial Year 2017-18, I would once again like to reiterate our need to focus on the recovery of arrears. In my review meeting on the status of recovery of arrears, I note that as on 31st January, 2018, there is a total of Rs 11,450 crores of clearly recoverable arrears...

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Disposal of cases having tax effect more than Rs. 50 Cr.

Dt. No. 683/CIT/(A&J)/2015 - (12/10/2017) - As per the Central Action Plan issued for the F.Y. 2017-18, all pending appeals having tax effect of Rs. 50 crore or more are to be dispose of up to 31st December, 2017 as mentioned at Para (i) of Action Plan of chapter-III of the Central Action Plan which is reproduced as under: -...

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Measures to enhance revenue collections through TDS

F. No. 370/02/2017-IT(B) - (13/09/2017) - On review of the progress of TDS collections it is noted that as on 31.08.2017, an amount of Rs. 1,65,114 crore has been collected under TDS (Minor Head) at a growth rate of 10.44% over corresponding period of last financial year. It has shown a significant decline of 7 percent over the last financi...

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Committee to recommend measures for expeditious recovery of arrears of taxes.

F. No. 385/20/2017-IT(B) - (25/05/2017) - A Committee of the following officers is hereby constituted to study the nature and extent of arrears of direct taxes and to suggest measures for expeditious recovery of the outstanding dues:...

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Recent Posts in "recovery of demand"

Draft Application for Unfreeze Bank Account-Income Tax Act 1961

With due respect I would like to state that on processing of my income tax return for the AY 2017-18 Income Tax Department freeze my bank account (A/c No. xxxxxxxxxxxx of SBI Bank) due to the reason of outstanding tax liability as processed in intimation u/s 143(1), Which I have rectified and received rectification order dated 20th Januar...

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Posted Under: Income Tax |

CBDT revises guidelines for intrusive or coercive tax recovery

F.No.275/29/2020-IT(B) 19/10/2020

Corrigendum to Order under section 119 of the Income-tax Act, 1961 dated 16.10.2020 for exercising power of intrusive or coercive action for recovery of tax demand by Assessing Officers or Tax Recovery Officers. F.No.275/29/2020-IT(B) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes North Block, ...

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Recovery & Stay Proceedings under Income tax- Issues

Such appeal shall be filed before the Chief Commissioner of Income Tax (CCIT) or Commissioner of Income Tax (CIT) [II Schedule Rule 86(1)] Every appeal under the rule 86 is to be presented within 30 days from the date of order appealed against [II schedule Rule 86(2)]....

Read More
Posted Under: Income Tax |

Section 78-79 | Recovery of tax | CGST Act 2017

Simplified GST Series –Section 78-79 /Recovery of tax /CGST ACT 2017 Section 78-Initiation of recovery proceedings Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery […]...

Read More
Posted Under: Income Tax |

Demands & Recovery under GST | Section 73 | CGST Act 2017

Simplified GST Series –Demands & recovery /Section 73/CGST ACT 2017 Section 73- Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts. (1) Where it appears to the proper officer that any ...

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Posted Under: Income Tax |

Stay of demand proceedings before Income-tax Appellate Tribunal

The ITAT may, on an application made by the assessee and after considering the merits of the application, pass an order of stay in any proceedings relating to an appeal filed under section 253(1). If the ITAT is not able to dispose off the appeal under first proviso, the stay can be extended upto 365 […]...

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Posted Under: Income Tax |

Process of Online TDS or TCS or Outstanding Demand Payment

Many users get confused regarding online payment of TDS/TCS and same way if there is any outstanding demand against our TAN then how to resolve it. Hence today I come up with this article which wil give you the clarity regarding online payment of TDS and outstanding demand payment. 1. Online TDS/TCS or Demand Payment […]...

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Posted Under: Income Tax |

Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

Smt. Saroja Vs ITO (Madras High Court)

The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law?...

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How to get stay on income tax demand under Section 220(6)

Whenever assessing officer issues assessment order u/s 143(3), 147, 271(1)(c) along with it notice of demand u/s 156 is also raised. This demand notice is usually required to be paid within 30 days of service/receipt of the same. In case assessee fails to pay the demand within the required time, he/she becomes assessee in default....

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Posted Under: Income Tax |

How to Pay GST Demand and Taxes in Installment

How to Pay GST Demand and Taxes in Installment –Section 80 of CGST Act 2017 Dear readers, after the implementation of GST Act, many dealers has done mistake in complying with GST law, due to unawareness of law or due to mala fide intention. When they come to the notice of department, the department will […]...

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Posted Under: Income Tax |

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