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    Validity and Amendment of Tax Recovery Certificates : Clause 413(4) of the Income Tax Bill, 2025 Vs....
    Evolution and Implications of Tax Recovery Provisions in India : Clause 413 of the Income Tax Bill, ...
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    Act RulesBills
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    Finality of tax recovery certificates: TRO may cancel or correct certificates while assessees are barred from challenging them.
    Clause 413(4) empowers the Tax Recovery Officer to cancel a recovery certificate "if, for any reason, he considers it necessary so to do" and to correct "any clerical or arithmetical mistake"; Clause 413 as a whole bars the assessee from disputing the certificate's correctness at the recovery stage, while the correction power is limited to mechanical errors and procedural safeguards such as notice or recorded reasons are not specified.
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    Tax recovery certificate empowers administrative enforcement and bars collateral challenges to expedite arrears collection.
    Clause 413 empowers the Tax Recovery Officer to draw up a prescribed-form certificate under signature specifying arrears and to initiate recovery by attachment and sale of movable and immovable property, arrest, or appointment of a receiver. It permits parallel recovery proceedings, allows administrative cancellation or correction of certificates, and bars the assessee from disputing the correctness of the certificate at the recovery stage. Clause 413 expands recoverable property to include certain intra-family transfers made without adequate consideration from 1 June 1973, preserving liability for arrears predating a minor transferee's majority.

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