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Statutory Provisions

Home Acts & Rules Bill Bills DIRECT TAXES CODE, 2010 Chapters List Chapter I RECOVERY This

Clause 218 - Recovery by Assessing Officer. - DIRECT TAXES CODE, 2010

DIRECT TAXES CODE, 2010
Chapter I
RECOVERY
  • Contents

I.—Recovery

Recovery by Assessing Officer.

218. (1) Any amount specified as payable in a notice of demand, otherwise than by way of advance tax, shall be paid within thirty days of the service of the notice, to the credit of the Central Government in such manner of may be prescribed.

   (2) Where the Assessing Officer has any reason to believe that it will be detrimental to the interests of revenue, if the period of thirty days referred to in sub-section (1) is allowed, he may, with the previous approval of the Joint Commissioner reduce such period, as he deems fit.

   (3) The Assessing Officer may, on an application made by the assessee, before the expiry of a period of thirty days or the period reduced under sub-section (2) or during the pendency of appeal with the Commissioner (Appeals), extend the time for payment, or allow payment by instalments, subject to such conditions as he may think fit to impose in the circumstances of the case.

   (4) An assessee shall be deemed to be an assessee in default, if the tax arrear is not paid within the time allowed under sub-section (1) or the period reduced under sub-section (2) or extended under sub-section (3), as the case may be.

   (5) Where an assessee defaults in paying anyone of the instalments within the time fixed under sub-section (3), he shall be deemed to be an assessee in default in respect of the whole of the amount then outstanding.

   (6) The Assessing Officer may, in a case where no certificate has been drawn up under section 219 by the Tax Recovery Officer, recover the amount in respect of which the assessee is in default, or is deemed to be in default, by anyone or more of the modes provided in section 220.

   (7) The Tax Recovery Officer vested with the powers to recover the tax arrear on drawing up of a statement of tax arrear under section 219.

 
 
 
 

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