For write off of demands, so also for scaling down, there need not be any provision in the Income-tax Act. Every creditor, including the Government, has the inherent right to give up a part or whole of the debt due to him.
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Scaling down of tax arrears as a creditor's inherent right permits conditional settlements to facilitate recovery. Scaling down of tax arrears is an exercise of the creditor's inherent right and requires no statutory provision; it applies where assessments are final and the assessee cannot pay, and settlements must be used only when normal recovery is difficult and yield greater realisation. Such settlements require prompt payment or adequate security for instalments, an affidavit disclosing assets, and are voidable if undisclosed assets later surface. Commissioners retain power to scale down smaller aggregate demands while larger cases require Zonal Committee scrutiny and Board submission.
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.
Scaling down of tax arrears as a creditor's inherent right permits conditional settlements to facilitate recovery.
Scaling down of tax arrears is an exercise of the creditor's inherent right and requires no statutory provision; it applies where assessments are final and the assessee cannot pay, and settlements must be used only when normal recovery is difficult and yield greater realisation. Such settlements require prompt payment or adequate security for instalments, an affidavit disclosing assets, and are voidable if undisclosed assets later surface. Commissioners retain power to scale down smaller aggregate demands while larger cases require Zonal Committee scrutiny and Board submission.
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