Continuation of recovery proceedings: enforcement may proceed during appeals with adjusted demand notices after outcome. Recovery proceedings may continue despite pending appeals or revisions where a notice of demand has been served. If dues are enhanced on appeal, the Commissioner must issue a fresh notice for the increased amount and existing recovery may continue from its prior stage without a new notice. If dues are reduced, no fresh notice is required; the Commissioner must intimate the reduction to the taxable person and recovery may continue in respect of the reduced amount from the stage prior to disposal.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Continuation of recovery proceedings: enforcement may proceed during appeals with adjusted demand notices after outcome.
Recovery proceedings may continue despite pending appeals or revisions where a notice of demand has been served. If dues are enhanced on appeal, the Commissioner must issue a fresh notice for the increased amount and existing recovery may continue from its prior stage without a new notice. If dues are reduced, no fresh notice is required; the Commissioner must intimate the reduction to the taxable person and recovery may continue in respect of the reduced amount from the stage prior to disposal.
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