Clause 213 - Recovery by Assessing Officer - Direct Taxes Code Bill, 2009

Recovery by Assessing Officer 213. (1) Any amount specified as payable in a notice of demand shall be paid within thirty days of the service of the notice, to the credit of the Central Government in the manner prescribed. (2) The Assessing Officer may, on an application made by the assessee, before the expiry of the period of thirty days, 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. (3) An assessee shall be deemed to be in default, if the tax arrear is not paid within the time allowed under sub-section (1) or extended under sub-section (2), as the case may be. (4) The assessee shall be deemed to be in default in respect of the whole of the amount outstanding, if he commits defaults in paying any one of the instalments within the time fixed under sub-section (2). (5) The Assessing Officer may recover the amount in respect of which the assessee is in default, or is deemed to be in default, by any one, or more, of the modes provided in section 215. (6) The Assessing Officer shall cease to exercise power for recovery of any amount after the end of one year from the end of the financial year in which the notice of demand referred to in sub-section (1) was issued. (7) The Assessing Officer may, regardless of anything contained in sub-section (6), cease to exercise, with the prior approval of the Commissioner, power for recovery of any amount before the expiry of the period of limitation in sub-section (6). (8) Upon ceasing of the power of the Assessing Officer to recover the demand, all the powers relating to recovery of the amount shall vest in the Tax Recovery Officer.