High Court Stops coercive Tax Recovery made without service of Appeal Order
High Court Stops coercive Tax Recovery made without service of Appeal Order
Srinivasa Rao Bojanki challenged the tax department’s action of demanding payment before officially serving him the appellate order.
He had already filed an appeal against a tax order dated 31.03.2023, but the authorities started recovery steps without giving him a copy of the appellate order.
The Court held that any order affecting a person must be served to them so they can use their legal remedies.
Since the appellate order dated 06.12.2023 was not served, recovery action was not valid.
The Court directed the Commissioner of Appeals (Respondent No.1) to serve the appellate order within six weeks. After service, Srinivasa Rao can file further appeals, and no coercive steps can be taken against him for eight weeks from the date of service.
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The writ petition was disposed of with these directions, and no costs were imposed.