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TMI BlogRecovery of arrears in installments and amendment of Garnishee Notice – reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of Garnishee Notice - reg. Your attention is invited to provisions of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Furthermore, an interpretation that Garnishee Notice cannot be amended or rescinded would make the provisions unworkable. Such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing 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 installments. The power to allow such payment in monthly installments shall be discretionary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 arrears shall be made to the jurisdictional Commissioner giving full justification for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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