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| 36.Continuation & validation of certain recovery proceedings M. VAT ACT | |
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36.Continuation & validation of certain recovery proceedings
(1) Where any notice of demand in respect of any tax, penalty, sum forfeited or interest (hereinafter in this section, referred to as “Government dues”) is served upon a dealer or the person liable therefore and any appeal or other proceedings is filed or taken in respect of such Government dues, then,—
(a) where such Government dues are enhanced in such appeal or proceeding, the Commissioner shall serve upon the dealer or person, as the case may be, another notice only in respect of the amount by which such Government dues are enhanced and any recovery proceedings in relation to such Government dues as are covered by the notice or notices of demand served upon him before the disposal of such appeal or proceeding may, without the service of any fresh notice, be continued from the stage at which such proceedings stood immediately before such disposal;
(b) where such Government dues are reduced in such appeal or proceedings,—
(i) it shall not be necessary for the Commissioner to serve upon the dealer or person a fresh notice;
(ii) the Commissioner shall give intimation of the fact of such reduction to the dealer or person;
(iii) any recovery proceedings initiated on the basis of the notice or notices of demand served upon him before the disposal of such appeal or proceeding may he continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal;
(c) no recovery proceedings in relation to such Government dues shall be invalid by reason only that no fresh notice of demand was served upon the dealer or person after the disposal of such appeal or proceeding or that such Government dues have been enhanced or reduced in such appeal or proceeding:
Provided that, where any Government dues are reduced in such appeal or proceeding and the dealer or person is entitled to any refund thereto, such refund shall be made in accordance with the provisions of this Act.
(2) For the removal of doubts, it is hereby declared that no fresh notice of demand shall he necessary in any case where the amount of Government dues is not varied as a result of any order passed in appeal or the proceeding under this Act.
(3) The provisions of this section shall apply in relation to every notice of demand served by the Commissioner upon a dealer or any other person liable for any Government dues.
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Amit R Gupta
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