PROCEDURE FOR RECOVERY OF TAX.

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Presentation transcript:

PROCEDURE FOR RECOVERY OF TAX. THE SECOND SCHEDULE TO INCOME TAX ACT,1961. PROCEDURE FOR RECOVERY OF TAX. GENERAL PROVISIONS/RULES: Definitions – In this Schedule ,unless the context otherwise requires - “Certificate” means the certificate drawn up by the Tax Recovery Officer under section 222 in respect of any assessee referred to in that section; “defaulter” means the assessee mentioned in the certificate; “execution” ,in relation to a certificate, means recovery of arrears in pursuance of the certificate; “movable property” includes growing crops;

GENERAL PROVISIONS – CONTD. “officer” means a person authorized to make an attachment or sale under this Schedule; “rule” means a rule contained in this Schedule; “share in a corporation” includes stock, debenture-stock, debentures or bonds. Issue of Notice. When certificate may be executed. Modes of recovery. Interest, costs and charges recoverable. Purchaser’s title. Suit against purchaser not maintainable on ground of purchase being made on behalf of plaintiff.

GENERAL PROVISIONS – CONTD. Disposal of proceeds of execution. General bar to jurisdiction of civil courts, save where fraud alleged. Property exempt from attachment. Investigation by Tax Recovery Officer. Removal of attachment on satisfaction or cancellation of certificate. Officer entitled to attach and sell. Defaulting purchaser answerable for loss on resale. Adjournment or stoppage of sale.

GENERAL PROVISIONS – CONTD. Private alienation to be void in certain cases. Prohibition against bidding or purchase by officer. Prohibition against sale on holidays. Assistance by police. 19A.Entrustment of certain functions by Tax Recovery Officer.

GENERAL PROVISIONS – CONTD. WARRANT. Warrant. Service of copy of warrant. Attachment. Property in defaulter’s possession. Agricultural produce. Provisions as to agricultural produce under attachment. Debts and shares, etc. Attachment of decree. Share in movable property. Salary of Government servants.

GENERAL PROVISIONS – CONTD. Attachment of negotiable instrument. Attachment of property in custody of court or public officer. Attachment of partnership property. Inventory. Attachment not to be excessive. Seizure between sunrise and sunset. Power to break open doors , etc.

GENERAL PROVISIONS – CONTD. SALE. Sale. Issue of proclamation. Proclamation how made. Sale after fifteen days. Sale of agricultural produce. Special provisions relating to growing crops. Sale to be by auction. Sale by public auction. Irregularity not to vitiate sale,but any person injured may sue. Negotiable instruments and shares in a corporation. Order for payment of coin or currency notes to the Assessing Officer.

GENERAL PROVISIONS – CONTD. ATTACHMENT AND SALE OF IMMOVABLE PROPERTY Attachment. Service of notice of attachment. Proclamation of attachment. Attachment to relate back from the date of service of notice. SALE. Sale and proclamation of sale. Contents of proclamation. Mode of making proclamation. Time of sale. Sale to be by auction. Deposit by purchaser and resale in default.

GENERAL PROVISIONS – CONTD. Procedure in default in payment. Authority to bid. Application to set aside sale of immovable property on deposit. Application to set aside of immovable property on ground of non-service of notice or irregularity. Setting aside sale where defaulter has no saleable interest. Confirmation of sale. Return of purchase money in certain cases. Sale certificate. Postponement of sale to enable defaulter to raise amount due under certificate. Fresh proclamation before re-sale.

GENERAL PROVISIONS – CONTD. Bid of co-sharer to have preference. 68A. Acceptance of property in satisfaction of amount due from the defaulter. 68B. Time limit for sale of attached immovable property. APPOINTMENT OF RECEIVER. 69. Appointment of receiver for business. Appointment of receiver for immovable property. Powers of receiver. Withdrawal of management. Notice to show cause. Hearing. Custody pending hearing.

GENERAL PROVISIONS – CONTD. Order of detention. Detention in and release from prison. Release Release on ground of illness. Entry into dwelling house. Prohibition against arrest of women or minors, etc.

GENERAL PROVISIONS – CONTD. MISCELLANEOUS. Power to take evidence. Continuance of certificate. Procedure on death of defaulter. Appeals. Review. Recovery from surety. Penalties. Subsistence allowance. Forms Power to make rules. Saving regarding charge. Continuance of certain pending proceedings and power to remove difficulties. Officers deemed to be acting judicially.

THE THIRD SCHEDULE TO INCOME TAX ACT,`1961. DISTRAINT AND SALE. Where any distraint and sale of movable property are to be effected by any Assessing Officer or Tax Recovery Officer authorized for the purpose, such distraint and sale shall be made , as far as may be , in the same manner as attachment and sale of any movable property attachable by actual seizure, and the provisions of the Second Schedule relating to attachment and sale shall , so far as may be , apply in respect of such distraint and sale.