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2011 (9) TMI 1087 - HC - Income TaxAttachment order - Held that:- The petition is allowed. It is declared that the claim put-forward by respondent No.1 Income Tax Department by way of attachment of assets covered by Section 13(2) notice for priority over the petitioner for realization of the income-tax dues is contrary to the settled position of law and illegal. It will be open for the petitioner to exercise his right under the SARFAESI Act and the Rules made thereunder and the Income Tax Department shall not in any manner hamper or restrain the petitioner in proceeding further under the SARFAESI Act, regardless of the attachment orders passed by the Income Tax Department for realization of income-tax dues of respondent No.2 company. Rule is made absolute.
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