TaxTMI 
TaxTMI 
Recovery of arrears in installments and amendment of Garnishee Notice – reg.
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....l Chief Commissioners/Chief Commissioners of Central Excise (All), Principal Chief Commissioners/Chief Commissioners of Service Tax (All), Principal Chief Commissioners/Chief Commissioners of Customs (All), Directorate of Revenue Intelligence, Directorate General of Central Excise Intelligence, Web-master, CBEC. Madam/Sir, Sub: Recovery of arrears in installments and amendment....
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....rears, once Garnishee Notice are issued to the persons from whom money is due to the assessee. There would be a practical need to amend or withdraw the Garnishee Notice issued in such situations. Further, section 21 of the General Clauses Act, 1897 clearly provides that power to issue an order includes power to add, amend, vary or rescind the order. Furthermore, an interpretation that Garnishee No....
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.... been decided that in supersession of all earlier circulars and instructions, following instructions shall be followed hereafter to allow payment of arrears in installments under the Central Excise Act, 1944, Chapter V of the Finance Act, 1994 (for Service tax) and the Customs Act, 1962. 5. It has been decided by the Board to allow recovery of arrears of taxes, interest and penalty in installme....
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....n the overall financial situation of the company, its assets, liabilities, income and expenses. Frequent defaulters may not be allowed payment of arrears in installments. The decision shall be taken on a case to case basis taking into consideration the facts of the case, interest of the revenue, track record of the company its financial situation. 7. The application for allowing payment of arre....