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income tax

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved 
a survey was conducted by income tax people and an ordered was passed . and a demand of rs 40 lakhs was raised by assessing officer and ito called for hearing no reprasentation and an order was passed under best judgement. after completion of 2 years from passing best judgement now ito issued show cause notice why assesse can not be arrested . what is remidy available to the assessee. he is not in possition to pay the amount, whether the assessee can preffer an appeal if so under what provision
Sathyan A.R. (Expert) 21 October 2010
the query is not clear
one parat is survey and the other is assessment and demand and the third part is recovery.

The department had right to complete assessment expartee.
I dont know whether you have received notice from tax recovery office undr powers of 2nd schdule.

in any case the assessing officer has no power to arrest
i need more details regarding case to advice.
Devajyoti Barman (Expert) 22 October 2010
adv. rajeev ( rajoo ) (Expert) 22 October 2010
The assessing office has no authority to arrest, but he can get attach your property to recover the tax.
Advocate. Arunagiri (Expert) 22 October 2010
The query is not clear.
s.subramanian (Expert) 22 October 2010
You have the right of appeal to the Commissioner of Income Tax(Appeals) under the Income Tax Act. Do it at once.

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