solution for assesse not to be arrested
jureddi peddinaidu
(Querist) 28 October 2010
This query is : Resolved
sir please help me in the following problem, sir the assessee received a notice to
show cause why a warrant of arrest should not be issued and send to civil prison,
under rule 73 of 2 schedule of it act to present on 1st November 2010 questions are
(1) how he can be exempted from arrest(2) if he his arrest what is the remedy available
to him (3) whether he can obtain bail from civil court or criminal court or itat or
commission's (appeals)(4) if he is arrested for how long you should be in civil prison
(5) if he is arrested whether liability to pay tax will be there or not .
actually assessment under 144 , demand is 40 lakhs , no appeal is preferred now
the actual liability is 2 crores including penality interest . sir please help me
in this regard to a mximum extent possible
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 October 2010
When liability is so huge why worry for arrest. ITO has powers but he will send you in regular jail and subject to his objections you can get bail from regular court.
s.subramanian
(Expert) 29 October 2010
You give a reply stating your grounds for non payment. Then you can file an appeal with condone delay petition before the appellate authority and try your chance there.
soumitra basu
(Expert) 31 October 2010
File a stay petition before the ITO and the commissioner.
File an appeal before the CIT(A) with condonation and along with a stay petition.
See what happens.
Please note that ITO may collect the amount from your bank account.
