India - Income Tax Act 2010 - Saarc

1.985 SCH. III - PROCEDURE FOR DISTRAINT BY ASSESSING OFFICER(f) the scale of charges to be recovered in respect of any other proceedingtaken under this Schedule;(g) recovery of poundage fee;(h) the maintenance and custody, while under attachment, of livestock orother movable property, the fees to be charged for such maintenanceand custody, the sale of such livestock or property, and the disposalof proceeds of such sale;(i) the mode of attachment of business.Saving regarding charge.93. Nothing in this Schedule shall affect any provision of this Act whereunderthe tax is a first charge upon any asset.26[Continuance of certain pending proceedings and power to remove difficulties.94. All proceedings for the recovery of tax pending immediately before thecoming into force of the amendments to this Schedule by the Direct TaxLaws (Amendment) Act, 1987 shall be continued under this Schedule as amendedby that Act from the stage they had reached, and, for this purpose, everycertificate issued by the 27 [Assessing] Officer under section 222 before suchamendment shall be deemed to be a certificate drawn up by the Tax RecoveryOfficer under that section after such amendment, and, if any difficulty arises incontinuing the said proceedings, the Board may issue (whether by way ofmodification, not affecting the substance, of any rule in this Schedule orotherwise) general or special orders which appear to it to be necessary orexpedient for the purpose of removing the difficulty.]THE THIRD SCHEDULEPROCEDURE FOR DISTRAINT BY 28 [ASSESSING OFFICER]29[OR TAX RECOVERY OFFICER][See section 226(5)]Distraint and sale.Where any distraint and sale of movable property are to be effected by any28[Assessing Officer] 29 [or Tax Recovery Officer] authorised for the purpose,such distraint and sale shall be made, as far as may be, in the same manner asattachment and sale of any movable property attachable by actual seizure, andthe provisions of the Second Schedule relating to attachment and sale shall, sofar as may be, apply in respect of such distraint and sale.26. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.27. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1989, w.r.e.f.1-4-1988.28. Substituted for “Income-tax Officer”, ibid.29. Inserted, ibid., w.e.f. 1-4-1989.