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income tax show cause why shouled not be arrested

Querist : Anonymous (Querist) 22 October 2010 This query is : Resolved 
a survey was conducted by income tax people and a notice was issued but due to non appearance of assessee an a best judgement ordered was passed . and a demand of rs 40 lakhs was raised by assessing officer and ito . after completion of 2 years from passing best judgement now rcovery officer 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 whether the assessee can present pesonally along with the advocate if so is there any posility to arrest the defoulted assessee by the recovery officer with out giving oppurtinity to assesses for filing appeal , under what provision we have file an application to condone 2 years dealy by the commisioner appeal please guide me. please provide me contact number
Sathyan A.R. (Expert) 22 October 2010
IT officer is not empowered to arrest.
secondly the time limit to file appeal against assessment order is barred.
However you can file appeal and seek for condonation of delay with valid reason before the Commissonser of income tax appeal of teh respective jurisdiction.
However as it stands to day onthe basis of your statement the tax becomes due and you can seek instalment.
You can write to recovery officer tht the show cause is beyond his powers.
s.subramanian (Expert) 23 October 2010
I agree.But it is a repeated query.

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