(1) Where any notice of demand in respect of any Government dues is se: ved upon an assessee by a taxing authority under any scheduled Act, and any appeal or other proceeding is filed or taken in respect of such Goveinment dues, then,—
(2) where such Government dues are enhanced in such appeal or proceeding, the taxing authority shall serve upon the assessee anothen notice of demand only in respect of the amount by which such Government dues are enhanced, and any proceedings im relation to such Government dues as are covered by the notice or notices of demand served upon him before the disposal of such appeal o: proceeding may, without the service of any fresh notice of demancl, be continued from the stage at which such proceedings stood immediately before such disposal;
(8) where such Goverfument dues are reduced in such appeal or proceeding ,—
(2) it shall not be necessary for the taxing authority to serve upon the assessee a fresh notice of demand;
(wz) the taxing authority shall give intimation of the fact of such reduction to the assessee, and where a certificate has been issued or an application or requi:ition has been made to any officer or authority for the recovery of such Government dues, also to such officer or authority;
(iii) any proceedings initiated on the basis of the notice or notices of demand served upon the assessee before the disposal of such appeal or proceeding may be continued in relation to the amount so reduced from the stage at which such proceeding stood immediately before such disposal;
(c) no proceedings in relation to such Government «ues (including the imposition of penalty or charging of interest) shall be _ invalid by reason only that no fresh notice of demand was served upon the assessee 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 if such Government dues have been reduced as a result of any final order and the penalty imposed on the assessee for default in payment thereof exceeds the amount so reduced, the excess shall not be recovered and if it has already been recovered, it shall be 104 refunded to the assessee in accordance with the provisions of such scheduled Act:
Provided further that where any Government dues are reduced in such appeal or proceeding and the assessee is entitled to any refund thereof, such refund shall be made in accordance with the provisions of such scheduled Act.
(2) For the removal of doubts, it is hereby declared that no fresh notice of demand shall be necessary in any case where the amount of Government dues is not varied as a result of any order passed in any appeal or other proceeding under any scheduled Act.
(3) The provisions of this section shall have effect notwithstanding any judgment, decree or order of any court, tribunal or other authority.
4. Power to amend the Schedule—The Government may, by notificae tion in the Gazette, add the name of any Act providing for the imposition or levy of any tax or duty in the Schedule, and on the issue of any such notification, the Act so added shall be deemed to be an Act specified in the Schedule within the meaning of clause (c) of section 2,