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1972 (1) TMI 35 - HC - Income TaxAssessee's property was attached by the Tax Recovery Officer but it was already subject to mortgage and suit was pending on it - petition is accepted and the impugned order of the Tax Recovery Officer dated June 15, 1971, a copy of which is annexure "Z" to the writ petition, is hereby quashed. The Tax Recovery Officer should await the decision of the civil suit or sell the attached properties subject to the claim of the petitioner-bank as may be found due in the civil suit. In the proclamation of sale, it is necessary to mention the encumbrances to which the attached properties, which are sought to be sold, are subject in order to enable the prospective purchasers to assess the proper value of the interest that is being sold. If the property is brought to sale, the whole claim of the bank must be mentioned in the proclamation of sale
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