Recovery proceedings cannot be initiated when statutory appeal remedy is available and time to file appeal has not expired

Last updated: 25 June 2026

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The Bombay High Court has ruled that tax authorities cannot initiate recovery proceedings if the deadline for filing a statutory appeal has not yet passed. The court stated that starting recovery before the appeal period ends would make the appellate remedy meaningless. The judgment clarified that if an appeal is filed within the permissible time, the department must wait, but can proceed with recovery if the appeal is not filed.

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in the case of Matrix Cellular (International) Services Pvt. Ltd. vs. Deputy Commissioner of State Tax [Writ Petition No. 4194 of 2026, order dated April 02, 2026] held that recovery proceedings cannot be resorted to when the statutory period to file an appeal is still available, as it would render the appellate remedy illusory.

Citation :
Writ Petition No. 4194 of 2026, order dated April 02, 2026

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Attached File : 671907_6022_matrix_cellular_international_services_pvt_ltd.pdf

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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