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recovery of demand

Latest Articles


Absolute power corrupts absolutely

Income Tax : Discover the implications of sections of the Income Tax Act, 1961, and articles of the Constitution of India in tax assessments an...

March 16, 2023 1569 Views 0 comment Print

Income Tax Refund adjusted against Outstanding Demands- What to do? 

Income Tax : Article explains Procedure of Filing an Appeal before Commissioner of Income Tax (Appeals), Orders Which Are Appealable by Assesse...

August 31, 2022 35595 Views 5 comments Print

Modes of Recovery Under Sections 222 & 226 of Income-Tax Act, 1961

Income Tax : Introduction: Generally, after completion of the Income tax assessment, the tax department issues a notice under Section 156 of th...

April 16, 2022 41433 Views 0 comment Print

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 ...

January 27, 2021 62859 Views 0 comment Print

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 Rul...

October 7, 2020 30914 Views 0 comment Print


Latest News


Representation on adjustments (over & above 20% of disputed demand) by CPC

Income Tax : KSCAA Representation regarding adjustments (over and above 20% of disputed demand) by CPC despite assessments pending before first...

September 4, 2023 2526 Views 0 comment Print

Representation on Income Tax outstanding demand collection drive

Income Tax : Grievances and suggestions with respect to the functioning of Demand Facilitation Center, CPC (DFC) in connection to the outstandi...

September 20, 2022 17958 Views 3 comments Print

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 ...

March 11, 2016 14557 Views 1 comment Print

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 (App...

March 3, 2016 6496 Views 0 comment Print

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 sup...

January 21, 2016 3794 Views 0 comment Print


Latest Judiciary


Valid show-cause notice is crucial for recovery under Section 179: Gujarat HC

Income Tax : Explore Bhailal Babubhai Patel Vs PCIT case in Gujarat High Court. Learn why a valid show-cause notice is crucial for recovery und...

September 26, 2023 891 Views 0 comment Print

Delhi HC directs refund of Income Tax amount exceeding 20% of demand

Income Tax : Delhi HC directs refund of Income Tax amount exceeding 20% of the demand. Read about the Max Life Insurance case and the decision ...

August 21, 2023 1650 Views 0 comment Print

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

Income Tax : The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of hea...

June 6, 2020 4347 Views 0 comment Print

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

Income Tax : Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) The issue under consideration is the notice issued ...

April 17, 2020 606 Views 0 comment Print

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

Income Tax : In the show-cause notice, there is no whisper of any steps having been taken against the Company for recovery of the outstanding a...

January 20, 2020 13650 Views 0 comment Print


Latest Notifications


CBDT revises guidelines for intrusive or coercive tax recovery

Income Tax : Corrigendum to Order under section 119 of the Income-tax Act, 1961 dated 16.10.2020 for exercising power of intrusive or coercive ...

October 19, 2020 7869 Views 0 comment Print

CBEC officers should focus on recovery of arrears: CBEC Chairman

Goods and Services Tax : 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 arrear...

March 23, 2018 840 Views 0 comment Print

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

Income Tax : 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 ...

October 12, 2017 753 Views 0 comment Print

Measures to enhance revenue collections through TDS

Income Tax : 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...

September 13, 2017 1668 Views 0 comment Print

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

Income Tax : A Committee of the following officers is hereby constituted to study the nature and extent of arrears of direct taxes and to sugge...

May 25, 2017 1377 Views 0 comment Print


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

January 2, 2020 10755 Views 0 comment Print

Find out how to respond to outstanding income tax demands under Section 143(1). Learn the steps for online payment and dispute resolution.

Procedure of recovery under Income Tax

November 11, 2019 18348 Views 0 comment Print

Learn about the procedure of recovery under the Income Tax Act and understand the different modes of recoveries available.

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

August 30, 2019 6138 Views 0 comment Print

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.

Time to Revisit Conventional Coercive Tax Recovery Measures

August 8, 2019 1863 Views 2 comments Print

Explore the flaws in conventional coercive tax recovery measures. This in-depth analysis highlights the need for a fresh approach to tax collection in our country.

HC passes severe strictures against DCIT for illegal tax recovery

February 28, 2019 2004 Views 1 comment Print

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.

Demands & Recovery under GST: FAQs

January 25, 2019 25624 Views 1 comment Print

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/suppression/mis-statement etc. are invoked.

Demand and Recovery under GST

October 31, 2018 26631 Views 2 comments Print

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 tax has not been paid or short paid or erroneously refunded.

Property Attachment notice by TRO cannot be challenged before HC

September 13, 2018 4734 Views 0 comment Print

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 regard, it is relevant […]

CBEC officers should focus on recovery of arrears: CBEC Chairman

March 23, 2018 840 Views 0 comment Print

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

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

December 20, 2017 2265 Views 0 comment Print

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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