India - Income Tax Act 2010 - Saarc

1.969 SCH. II - PROCEDURE FOR RECOVERY OF TAX R. 34of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), and theprovisions of the said rule shall, for the purposes of this rule, apply subject to suchmodifications as may be necessary.Attachment of negotiable instrument.30. Where the property is a negotiable instrument not deposited in a court norin the custody of a public officer, the attachment shall be made by actualseizure, and the instrument shall be brought before the Tax Recovery Officerand held subject to his orders.Attachment of property in custody of court or public officer.31. Where the property to be attached is in the custody of any court or publicofficer, the attachment shall be made by a notice to such court or officer,requesting that such property, and any interest or dividend becoming payablethereon, may be held subject to the further orders of the Tax Recovery Officerby whom the notice is issued:Provided that, where such property is in the custody of a court, any question oftitle or priority arising between the 87 [Tax Recovery] Officer and any otherperson, not being the defaulter, claiming to be interested in such property byvirtue of any assignment, attachment or otherwise, shall be determined by suchcourt.Attachment of partnership property.32. (1) Where the property to be attached consists of an interest of thedefaulter, being a partner, in the partnership property, the Tax RecoveryOfficer may make an order charging the share of such partner in the partnershipproperty and profits with payment of the amount due under the certificate, andmay, by the same or subsequent order, appoint a receiver of the share of suchpartner in the profits, whether already declared or accruing and of any othermoney which may become due to him in respect of the partnership, and directaccounts and inquiries and make an order for the sale of such interest or suchother order as the circumstances of the case may require.(2) The other persons shall be at liberty at any time to redeem the interest chargedor, in the case of a sale being directed, to purchase the same.Inventory.33. In the case of attachment of movable property by actual seizure, the officershall, after attachment of the property, prepare an inventory of all theproperty attached, specifying in it the place where it is lodged or kept, and shallforward the same to the Tax Recovery Officer and a copy of the inventory shallbe delivered by the officer to the defaulter.Attachment not to be excessive.34. The attachment by seizure shall not be excessive, that is to say, the propertyattached shall be as nearly as possible proportionate to the amount specifiedin the warrant.87. 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.