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2007 (3) TMI 241

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..... that the petitioner is a registered company carrying on the business of trading of ayurvedic medicines and health care products as a wholesale distributor and is maintaining regular accounts. The petitioner has been regularly assessed to income-tax and sales tax. 3. The petitioner purchased goods from a company by name M/s. DXN Herbal Manufacturing (India) P. Ltd. It appears that M/s. DXN Herbal Manufacturing (India) P. Ltd. is having some dispute in respect of income-tax payable by them and these respondent-authorities are taking action to recover the tax due from M/s. DXN Herbal Manufacturing (India) P. Ltd. which is in a sum of Rs. 3,88,85,000. In the course of recovery of the amount from the assessee, M/s. DXN Herbal Manufacturing (In .....

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..... time or from time to time, by notice in writing require any person from whom money is due or may become due to the assessee or any person who holds or may subsequently hold money for or on account of the assessee to pay to the Assessing Officer or Tax Recovery Officer either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due by the assessee in respect of arrears or the whole of the money when it is equal to or less than that amount. (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the assessee joint .....

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..... such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Assessing Officer or Tax Recovery Officer to the extent of his own liability to the assessee on the date of the notice or to the extent of the assessee's liability for any sum due under this Act, whichever is less. (vii) The Assessing Officer or Tax Recovery Officer may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (viii) The Assessing Officer or Tax Recovery Officer shall grant a receipt for any amount paid in compliance with a n .....

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