India - Income Tax Act 2010 - Saarc

1.979 SCH. II - PROCEDURE FOR RECOVERY OF TAX R. 73(2) Attachment of a business under this rule shall be made by an order prohibitingthe defaulter from transferring or charging the business in any way andprohibiting all persons from taking any benefit under such transfer or charge,and intimating that the business has been attached under this rule. A copy of theorder of attachment shall be served on the defaulter, and another copy shall beaffixed on a conspicuous part of the premises in which the business is carried onand on the notice board of the office of the Tax Recovery Officer.Appointment of receiver for immovable property.70. Where immovable property is attached, the Tax Recovery Officer may,instead of directing a sale of the property, appoint a person as receiver tomanage such property.Powers of receiver.71. (1) Where any business or other property is attached and taken undermanagement under the foregoing rules, the receiver shall, subject to thecontrol of the Tax Recovery Officer, have such powers as may be necessary forthe proper management of the property and the realisation of the profits, or rentsand profits, thereof.(2) The profits, or rents and profits, of such business or other property, shall, afterdefraying the expenses of management, be adjusted towards discharge of thearrears, and the balance, if any, shall be paid to the defaulter.Withdrawal of management.72. The attachment and management under the foregoing rules may bewithdrawn at any time at the discretion of the Tax Recovery Officer, or ifthe arrears are discharged by receipt of such profits and rents or are otherwisepaid.Notice to show cause.PART VARREST AND DETENTION OF THE DEFAULTER73. (1) No order for the arrest and detention in civil prison of a defaulter shallbe made unless the Tax Recovery Officer has issued and served a noticeupon the defaulter calling upon him to appear before him on the date specifiedin the notice and to show cause why he should not be committed to the civilprison, and unless the Tax Recovery Officer, for reasons recorded in writing, issatisfied—(a) that the defaulter, with the object or effect of obstructing the executionof the certificate, has, after 11 [the drawing up of the certificateby the Tax Recovery Officer], dishonestly transferred, concealed, orremoved any part of his property, or(b) that the defaulter has, or has had since 11 [the drawing up of thecertificate by the Tax Recovery Officer], the means to pay the arrears11. Substituted for “the receipt of the certificate in the office of the Tax Recovery Officer” bythe Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.