recovery of demand

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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Process of Online TDS or TCS or Outstanding Demand Payment

Income Tax - 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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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 adc_tar@yahoo.com. 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"

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)]....

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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 […]...

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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 […]...

Read More
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 |

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 of income tax by the petitioner. [&hell...

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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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Recovery of Outstaning Tax Demand – Recources With The Assesse

Month of February is the Valentine month and everyone in this world must grapple with their respective valentine. Taxman will also be busy with their valentine i.e. Recovery of the tax arrears whereas tax practisoners will also be busy with their valentine i.e. Protection of assesse and how to prevent unjust recovery of such exorbitant [&...

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Posted Under: Income Tax |

How to Respond to Outstanding Income Tax Demand intimation U/s. 143(1)

Outstanding Income Tax demand arises when taxpayer’s tax as per Income Tax Return is less than the tax payable as per Income Tax Department. ITD sends the intimation under Section 143(1) asking for outstanding demand along with the calculations, stating the reason why you need to pay more tax. You can go through the calculations [&h...

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Posted Under: Income Tax |

Procedure of recovery under Income Tax

Second schedule to Income Tax Act, provides for recovery procedure, providing for the following modes of recoveries i. Attachment/sale of movable/ immovable property, ii. Appointment of receiver for management of movable/ immovable properties. iii. Arrest and detention of defaulter Procedure of Procedure of recovery under Income Tax Act, ...

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Posted Under: Income Tax |

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 disposal afresh in accordance with law....

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Time to Revisit Conventional Coercive Tax Recovery Measures

Time to Revisit the Conventional Coercive Recovery Measures of Tax Collection by Revenue Authorities!! As per the existing Legislative framework of the Direct Taxation Laws in our Country, the tax collection measures can broadly be classified into Pre-Assessment tax collection measures and Post Assessment tax collection measures. The pre-...

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Posted Under: Income Tax |

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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Demands & Recovery under GST: FAQs

Which are the applicable sections for the purpose of recovery of GST short paid or not paid or amount erroneously refunded or input tax credit wrongly availed or utilized? Section 73 deals with the cases where there is no invocation of fraud/suppression/mis-statement etc. Section 74 deals with cases where the provisions related to fraud/s...

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Posted Under: Income Tax |

Demand and Recovery under GST

Burden of proof in case a person claim that he is eligible for input tax credit under GST shall lie on the person who claims it. Hence an onerous duty is caste on the taxpayer to prove his credits failing which presumption of wrong availment or wrong utilization can be drawn. However in all other cases tax authorities need to prove that t...

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Posted Under: Income Tax |

Property Attachment notice by TRO cannot be challenged before HC

Champa Devi Vs The Tax Recovery Officer (Madras High Court)

Champa Devi Vs Tax Recovery Officer (TRO) (Madras High Court) In the instant case, the respondent has issued the impugned notice and the petitioner has straightaway approached this Court and filed this writ petition. In my considered view, this writ petition is not the proper remedy, which the petitioner should have availed. In this re...

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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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ITAT found conduct of AO in Tax Recovery case of pre-empting it from dealing with Stay application

Greater Mohali Area Development Authority Vs. DCIT (ITAT Chandigarh)

With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively. ...

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No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

Google India Private Limited Vs. DICT (Karnataka High Court)

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with t...

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Google Case: No stay on demand on the ground of Appeal Filing

M/s. Google India Pvt. Ltd. Vs Deputy Commissioner of Income-tax (ITAT Bangalore)

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the ...

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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 financial year when the growth rate at this tim...

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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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Stay Application: No necessity to pre-deposit 15% of disputed demand

Jagdish Gandabhai Shah Vs principal Commissioner of Income Tax (Gujarat High Court)

High Court held that Considering the Office Memorandum F. No. 404/72/93- ITCC dated 29thFebruary 2016 as a whole, there is no such requirement of pre-deposit of 15% of the disputed demand either at the time of submitting stay application or before the stay application of the assessee is considered on merits. ...

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AO can adjust only 15% of demand against refund in stay application

M/s Andrew Telecommunications India Pvt. Vs Principal Commissioner of Income Tax (Bombay High Court at Goa)

Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties. The petitioner is a Company engaged in the business of manufacturing base station antennas, microwave antennas, R.F. cables, jumpers and connectors and trading in related products....

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Unsatisfactory Income Tax recovery from arrears and current demand

F. No. 385/17/2016-IT (B) (17/03/2017)

On review of the position of collection out of arrear and current demand as on 28.02.2017, it is noted that the performance of the Department as a whole and of almost all Pr. CCIT Regions individually is much below the targets given in the Central Action Plan 2016-17....

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ITAT vacates stay on demand on flouting of terms of stay of demand

MSM Discovery Private Limited Vs The Asst. Commissioner of Income Tax (ITAT Mumbai)

This appeal, filed by the assessee, being ITA No. 971/Mum/2016 for assessment year 2011-12 has come up for hearing today i.e. 23-02.2017 whereby ld. Counsel Shri Hiten Chande,CA on behalf of the assessee and Mrs. Malathi Sridharan, CIT DR on behalf of the Revenue were present. The Assessing officer was also present during the course of he...

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CBDT chief instructs Pr. CITs to enhance revenue collection

F. No. 385/17/2016-IT(B) (06/03/2017)

With a view to concentrate all efforts towards the objective of achieving the budget target, you are requested to personally review and monitor the position of collections through advance tax, TDS and recovery from arrear and current demand of your Region on a weekly basis. I have separately written D.O. letters on stepping up efforts for...

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CBDT fixes collection Target- Jan-March dedicated quarter for Recovery

F. No. 385/17/2016-IT (B) (06/01/2017)

Time-barring date of scrutiny assessment was advanced to 31st December to provide assessment units with a dedicated quarter for recovery of demand raised. ...

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Step up efforts to recover outstanding demand- CBDT

F.No.385/17/2016-IT (B) (19/12/2016)

It may be pointed out that the target of cash collection from arrear demand was fixed very modestly at Rs.53,981 crore in the Central Action Plan for 2016-17 as against very large amount of arrears outstanding. However. till the end of November, 2016...

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Can excise duty be recovered u/s 11D(1A) even when not shown on Invoice?

As per Section 11D(1) of Central excise Act 1944, brought under the statute book w.e.f. 20.9.1991, every person, who is liable to pay duty under the Act and has collected any amount in excess of the duty assessed or determined and paid on any excisable goods under the Act from the buyer of such goods in any manner as representing duty of ...

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Posted Under: Income Tax |

Refund of Excess amount paid- Dispute Resolution Scheme, 2016

The Dispute Resolution Scheme, 2016 has been introduced through Union Budget, 2016. The scheme has been brought with the object to collect tax arrears, clear pendency of appeals, achieve reduction in administrative costs etc. In most of the cases apart from filing appeal, the demand amount, either partly or fully, is generally deposited ...

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Posted Under: Income Tax |

Recovery proceedings Initiation before stay application disposal is illegal

Khandelwal Laboratories Pvt. Ltd. Vs DCIT (Bombay High Court)

High Courtheld that the any action of revenue to recover taxes adopting coercive means is not permissible till the assessee’s application for stay under section 220(6) of the Act is disposed of. Further, an application for stay should be disposed off by a speaking order....

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High pitched assessments: 100% demand stay must be Granted

Dimension Data Asia Pacific Pte Ltd Vs DCIT (ITAT Mumbai)

The Tribunal granted 100 percent stay of demand because (a) the assessed income was more than 10 times the returned income. (Instruction 96 of 1969 was relied upon) & (b) The stand taken by the AO was at variance with the stand taken by TPO....

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TDS deducted but not deposited – Demand against deductee

NA (11/03/2016)

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 timeline for verification of arrear demand U/s. 245 of Income Tax Act, 1961

F.No.312/109/2015-OT (07/03/2016)

In cases where that tax payer has contested the demand, CPC would issue a reminder to the assessing officer about the contention of the taxpayer, asking him to either confirm, or make appropriate changes to the demand within thirty days. In case no response is received from the AO within thirty days, CPC would issue the refund without any...

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Revised guidelines for stay of demand at first appeal stage

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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Posted Under: Income Tax |

S. 281B Revocation of property attachment on Furnishing of Bank Grantee

Under the existing provisions of section 281 B the Assessing Officer may provisionally attach any property of the assessee during the pendency of assessment or reassessment proceedings, for a period of six months with the prior approval of the income- tax authorities specified therein, if he is of the opinion that it is necessary to do so...

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Posted Under: Income Tax |

Stay of demand- Analysis of CBDT office memo dated 29.02.2016

Income-tax Department is also issuing instruction making it mandatory for the assessing officer to grant stay of demand once the assesse pays 15% of the disputed demand, while the appeal is pending before Commissioner of Income-tax (Appeals). ...

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Posted Under: Income Tax | ,

Revised Guidelines for Stay of Demand by AO till CIT(A)’s Order

F.No.404/72-93-ITCC (29/02/2016)

The CBDT has issued Office memorandum F.No.404/72-93-ITCC dated 29.02.2016 by which it has revised Instruction No. 1914 dated 21.03.1996 and issued fresh guidelines for stay of demand at the first appeal stage....

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Whether Excise duty can be demanded jointly and severally?

The primary and fundamental meaning of Excise Duty or Duty of Excise is tax on articles produced or manufactured in the taxing country and intended for home consumption (i.e. consumption within the same country). It is an indirect duty which the manufacture or producer passes on the ultimate consumer, that is, its ultimate incidence will ...

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Posted Under: Income Tax |

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

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...

Read More
Posted Under: Income Tax |

Recommendations Regarding Recovery of Disputed Income Tax Demand

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...

Read More
Posted Under: Income Tax |

Judgement of Gujarat HC regarding section 281, which deals with certain transfers to be void

This Note relates to the significance of the recent judgement of Gujarat High Court in the case of Tax Recovery Officer Vs Industrial Fin. Corpn. of India [2012] 346 ITR 11 (Guj), which deals with the interpretation of the provisions of section 281 of the Income-Tax Act, 1961 (the Act), relating to Certain transfers to be void. As per afo...

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Posted Under: Income Tax |

Stay petition before CIT Appeal & recovery of disputed income-tax demand during pendency thereof

It is a well-known fact that the Assessing Officers (AOs) in many cases make high-pitched assessments and raise huge uncalled for demands against the assessee, as a result thereof. It is also a well-known fact that after raising such uncalled for and unjustified high demands, the Revenue authorities take recourse to coercive measures for ...

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Posted Under: Income Tax |

Service Tax – Legal provisions and procedures for recovery of arrears/demands

Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the Central Excise Officer may, within one year from the relevant date, serve notice on the person chargeable with the service tax which...

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Posted Under: Income Tax |

Legal provisions and procedures for recovery of arrears/demands of Excise Duty

n respect of duty and any other sums of any kind payable to the Central Government under any of the provisions of this Act or of the rules made there under including the amount required to be paid to the credit of the Central Government under Section...

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Posted Under: Income Tax |

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

Notification No. 70/2010 Feedback/Comments may be sent to Chief Commissioner (TAR) within two weeks at adc_tar@yahoo.com. 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,...

Read More
Posted Under: Income Tax |

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