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2018 (4) TMI 677 - HC - Indian LawsLifting of Attachment of properties - Jurisdiction of Tax Recovery Officer - Held that: - it is evident from the face of the record and it is again not in dispute that notice under Rule 2 of second schedule was served on the defaulter on 05.01.2013 and that the sale transactions executed by the said defaulter-assessee took place thereafter. Therefore, this Court is of the view that it would not be open to the purchasers to claim the benefit of the proviso to Section 281(1) of the Act. There cannot be any doubt that a sale is a contractual transaction. For a contract to be valid, it must be made by the free consent of parties competent to contract. The Hon'ble Supreme Court in Tax Recovery Officer Versus Gangadhar Viswanath Ranade (Decd.) [1998 (9) TMI 1 - SUPREME COURT] has held that it is the function of the civil Court to declare a transaction to be null and void and that the Tax Recovery Officer cannot exercise the said function - Therefore, the respondent clearly erred in declaring the transactions to which the petitioners are parties as null and void. Petition allowed in part.
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