Under Section 1 read with Section 4 of the Act, the Assessee is deemed to be an Assessee in default if it fails to make the payment of the demand within 30 days of the service of notice under Section of the Act. It is claimed by the Department in para 2. Consequent upon the revision of pay scales on the basis of the recommendations ofthe Fifth Central Pay Commission, it has, however, become necessary to prescribe revised norms for categorization of posts into the above four categories based on the revised pay scales as approved by the Government.
The period of 30 days for payment of the demanded sum expired on 24th January, Union of India 3 KLJ A copy of the Notification is enclosed. Therefore, as far as the Calcutta High Court is concerned, the two judgments of the learned Single Judge held that it was not mandatory under Section 3 iii of the Act for a notice to be issued to the Assessee prior to attachment of its bank account towards recovery of the tax demand.
The present petition 7. For all the aforementioned reasons, the Court finds no merits Module debar appeal letter this writ petition which is dismissed but in the circumstances, with no other as to costs.
This classification Module debar appeal letter based on the norms prescribed in Department of Personnel and Training Notification No.
It is claimed that no reply was received to the said notice. In the present case, admittedly, no such application for stay has been filed till date. Since the Assessee had neither paid the demand nor filed the said stay application till 24th January,it was deemed that the Assessee was in default under Section 4 of the Act.
Therefore, the Assessee was aware that under Section 1 read with Section 4 of the Act, it would be deemed to be an Assessee in default upon its failure to pay tax within 30 days. You definitely know what youre talking about, why throw away your intelligence on just posting videos to your weblog when you could be giving us something informative to read?
Union of India 44 taxmann. In the present case, the Assessee acknowledges that it was served with a notice of demand under Section of the Act on 24th December, Income Tax Officer suprait is plain from the facts of the case that there was an application for stay moved by the Petitioner before the AO immediately on the receipt of the demand.
In many cases, higher scales are allowed on expiry of the specified length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme. The application for stay was disposed of by the AO thereafter. A dated 10th May, Posted May 10, Your blog provided us beneficial information to work on.
All High Courts Delhi High Court In the present case there was no illegality committed by the Department in not issuing to the Assessee a notice under Section 3 iii of the Act simultaneously with or prior to the notice issued to its bank under Section 3 i of the Act for recovery of the tax demand from its account.
Rahul Chaudhary, the learned Senior Standing Counsel for the Department maintained that the Assessee had in fact been issued a notice under Section 1 of the Act on 1st February, D dated the 30th June, Pursuant thereto, a counter-affidavit has been filed on behalf of the Department in which it is inter alia stated that a demand notice in the sum of Rs.
He submitted that it was evident from the counter affidavit filed by the Department that although the notice issued to the Assessee was dated 27th Februaryit was withheld and dispatched only on 21st March, Damodar Bhat supra where the contention of the Assessee that it should have been issued a notice under Section 3 prior to the AO issuing the garnishee order to the third part was negatived by the Supreme Court.
It is possible to just make everything right and still gain. He pointed out that no proof of service of such notice was enclosed with the counter affidavit.
The above submissions have been considered. In the present case, it is not in dispute that such a notice was in fact issued to the Assessee by the AO on 19thDecember, and was served on the Assessee on 24th December, Income Tax Officer supra held: Union of India supra correctly expostulate the legal position under Section 3 iii of the Act.
Income Tax Officer supra would apply only in the circumstances where an application for stay had been filed by the Assessee along with its appeal. Within 3 days of the disposal of the stay application, the AO took action under Section 3 of the Act calling upon the bankers of the Petitioner to pay to the Revenue the demanded amount.
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