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    <title>2018 (1) TMI 36 - GUJARAT HIGH COURT</title>
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    <description>Where a statutory appeal and stay application against an assessment order are duly filed and remain pending consideration, coercive recovery of the disputed demand should ordinarily be deferred. The Gujarat HC held that issuing a recovery notice for the full assessed demand before the appellate authority had heard the appeal and stay request amounted to overreaching the appellate process and was not a reasonable exercise of recovery power. The recovery notice was therefore unsustainable and was quashed in favour of the assessee.</description>
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    <pubDate>Fri, 22 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2018 (1) TMI 36 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=353300</link>
      <description>Where a statutory appeal and stay application against an assessment order are duly filed and remain pending consideration, coercive recovery of the disputed demand should ordinarily be deferred. The Gujarat HC held that issuing a recovery notice for the full assessed demand before the appellate authority had heard the appeal and stay request amounted to overreaching the appellate process and was not a reasonable exercise of recovery power. The recovery notice was therefore unsustainable and was quashed in favour of the assessee.</description>
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      <pubDate>Fri, 22 Dec 2017 00:00:00 +0530</pubDate>
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