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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


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

January 6, 2017 1423 Views 0 comment Print

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

Step up efforts to recover outstanding demand- CBDT

December 19, 2016 1189 Views 0 comment Print

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

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

October 13, 2016 4177 Views 0 comment Print

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 excise is required to pay the amount so collected to the credit of the Central Govt.

Refund of Excess amount paid- Dispute Resolution Scheme, 2016

July 21, 2016 25311 Views 1 comment Print

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 by the assesses.

Recovery proceedings Initiation before stay application disposal is illegal

April 10, 2016 3286 Views 0 comment Print

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.

High pitched assessments: 100% demand stay must be Granted

April 8, 2016 11791 Views 0 comment Print

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.

TDS deducted but not deposited – Demand against deductee

March 11, 2016 14557 Views 1 comment Print

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.

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

March 7, 2016 4378 Views 0 comment Print

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 adjustment. The responsibility of non-adjustment of refund against outstanding arrears, if any, would lie with the assessing officer,

Revised guidelines for stay of demand at first appeal stage

March 3, 2016 6496 Views 0 comment Print

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 field authorities of the Income Tax Department.

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

March 2, 2016 9085 Views 0 comment Print

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 for the purpose of protecting the interests of the revenue. Such attachment of property is extendable to a maximum period of two years or sixty days after the date of assessment order,

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