Recovery of arrears in installments and amendment of Garnishee Notice – reg.

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..... s/Chief Commissioners of Central Excise (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 Noti .....

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..... rs, once Garnishee Notice are issued to the persons from whom money is due 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 N .....

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..... erefore been decided that in supersession of all earlier circulars and instructions, following 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 .....

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..... consideration the overall financial situation of the company, its assets, liabilities, income and 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 pa .....

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..... p of business. After cancelling the permission to pay in installments, action should be taken forthwith for recovery of arrears. 9. Any difficulty in implementing the circular may be brought to the notice of the Board. Hindi version would follow. (ROHAN) Under Secretary to the Government of India - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Managem .....

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