https://www.taxtmi.com/caselaws?id=238722 Pending Mutual Agreement Procedure proceedings under the India-USA tax treaty required suspension of collection where the prescribed security continued to subsist, and the revenue could not treat the assessee as in default on an unsupported distinction between "pending" and "admitted" MAP. Recovery from the bank account was therefore inconsistent with the treaty framework, the MoU on collection during MAP, and the CBDT instructions, and the recovery notices were quashed. The court also rejected the claim that the stay had lapsed: the competent authority confirmed MAP was pending, and no valid expiry or non-renewal of the bank guarantee was proved. The recovered amount was directed to be refunded, subject to the MAP proceedings. en-us Fri, 11 Oct 2013 00:00:00 +0530 Fri, 20 Feb 2015 17:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238722 Pending Mutual Agreement Procedure proceedings under the India-USA tax treaty required suspension of collection where the prescribed security continued to subsist, and the revenue could not treat the assessee as in default on an unsupported distinction between "pending" and "admitted" MAP. Recovery from the bank account was therefore inconsistent with the treaty framework, the MoU on collection during MAP, and the CBDT instructions, and the recovery notices were quashed. The court also rejected the claim that the stay had lapsed: the competent authority confirmed MAP was pending, and no valid expiry or non-renewal of the bank guarantee was proved. The recovered amount was directed to be refunded, subject to the MAP proceedings. Case-Laws Income Tax Fri, 11 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238722