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Income Tax - Highlights / Catch Notes

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Recovery proceedings - Attachment of assets of the 4th ...


Asset Transfer Deemed Void Under Tax Law; Petitioner Must Seek Civil Court for Rights Over Disputed Property.

February 23, 2024

Case Laws     Income Tax     HC

Recovery proceedings - Attachment of assets of the 4th respondent - alienation/transfer as contrary to section 281 of IT Act - claim of ownership of the property - void sale agreement - The High Court hedl that, Tax Recovery officer is not required to declare the sale between the petitioner and the fourth respondent as invalid as the sale is void abinito. The petitioner has to institute a suit in a civil court to establish the right which he claims over the property in dispute. - Therefore, this writ petition is liable to be dismissed and it is accordingly dismissed.

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