Notice from tax recovery officer

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 April 2013 Dear all,

I have my companies appeal pending at CIT Appeals level for a demand of Rs.20 lakh for the AY 2009-10. This may be resolved in next 3-4 months time.

Meanwhile, i have received a notice from Tax Recovery officer demanding to pay within 15 days time otherwise he will start recovery proceedings.

what is the way out?? Please take this as urgent query

Nikhil Kaushik

Nikhil Kaushik (Expert)
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13 April 2013 apply for stay on recovery proceedings. normally stays are not granted that easily though

Anand

Anand (Expert)
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15 April 2013 Yes stay is the only option. you should demonstrate in the stay, if possible, as to how the demand may not subsist post the cit(appeal). this can be done if the matter is factual, or is covered by some existing case law

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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10 July 2013 Since you have not moved stay petition before the Assessing Officer you are assessee in default. Now, you move petition before AO u/s 220(6) for stay of demand and do not pursue for disposal and give a letter to the TRO that your stay petition is pending. Meanwhile your appeal will be decided. So your problem is resolved.