India - Income Tax Act 2010 - Saarc

R. 29 I.T. ACT, 1961 1.968(i) in the case of the debt—the creditor from recovering the debt and thedebtor from making payment thereof until the further order of theTax Recovery Officer;(ii) in the case of the share—the person in whose name the share may bestanding from transferring the same or receiving any dividend thereon;(iii) in the case of the other movable property (except as aforesaid)—theperson in possession of the same from giving it over to the defaulter.(2) A copy of such order shall be affixed on some conspicuous part of the officeof the Tax Recovery Officer, and another copy shall be sent, in the case of thedebt, to the debtor, in the case of the share, to the proper officer of thecorporation, and in the case of the other movable property (except as aforesaid),to the person in possession of the same.(3) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of hisdebt to the Tax Recovery Officer, and such payment shall discharge him aseffectually as payment to the party entitled to receive the same.Attachment of decree.27. (1) The attachment of a decree of a civil court for the payment of money orfor sale in enforcement of a mortgage or charge shall be made by the issueto the civil court of a notice requesting the civil court to stay the execution of thedecree unless and until—(i) the Tax Recovery Officer cancels the notice, or(ii) the 86 [Tax Recovery] Officer or the defaulter applies to the courtreceiving such notice to execute the decree.(2) Where a civil court receives an application under clause (ii) of sub-rule (1),it shall, on the application of the 86 [Tax Recovery] Officer or the defaulterand subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908),proceed to execute the attached decree and apply the net proceeds in satisfactionof the certificate.(3) The 86 [Tax Recovery] Officer shall be deemed to be the representative of theholder of the attached decree, and to be entitled to execute such attached decreein any manner lawful for the holder thereof.Share in movable property.28. Where the property to be attached consists of the share or interest of thedefaulter in movable property belonging to him and another as co-owners,the attachment shall be made by a notice to the defaulter prohibiting him fromtransferring the share or interest or charging it in any way.Salary of Government servants.29. Attachment of the salary or allowances of servants of the Government or alocal authority may be made in the manner provided by rule 48 of Order 2186. Substituted for “*Assessing” by the Direct Tax Laws (Amendment) Act, 1989, w.e.f.1-4-1989.*Substituted for “Income-tax”, ibid., w.r.e.f. 1-4-1988.