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2009 (1) TMI 205 - HC - Income TaxRecovery of Tax – Attachment and sale of property – Petition purchased property from father in laws who was defaulter and against whom recovery proceedings were initiated - the Commissioner of Income-tax has referred sub-rule (6) of rule 11 of Part I of the Second Schedule to the Income-tax Act, which provides that any claim or objection preferred by a party may institute a suit in a civil court to establish the right which he claims to the property in question. The said rule further provides that the order of the Tax Recovery Officer is conclusive subject to the result of the suit – commissioner’s order as approved by the civil court upheld.
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