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India - Income Tax Act 2010 - Saarc

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S. 226 I.T. ACT, 1961 1.806comply with any such requisition and shall pay the sum so deducted to the creditof the Central Government or as the Board directs :Provided that any part of the salary exempt from attachment in execution of adecree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5of 1908) 20 , shall be exempt from any requisition made under this sub-section.(3) (i) The 21 [Assessing] Officer 22 [or <strong>Tax</strong> Recovery Officer] may, at any time orfrom time to time, by notice in writing require any person from whom money isdue or may become due 23 to the assessee or any person who holds or maysubsequently hold money 24 for or on account of the assessee to pay to the25[Assessing] Officer 26 [or <strong>Tax</strong> Recovery Officer] either forthwith upon themoney becoming due or being held or at or within the time specified in the notice(not being before the money becomes due or is held) so much of the money asis sufficient to pay the amount due by the assessee in respect of arrears or thewhole of the money when it is equal to or less than that amount.(ii) A notice under this sub-section may be issued to any person who holds ormay subsequently hold any money for or on account of the assessee jointly withany other person and for the purposes of this sub-section, the shares of the jointholders in such account shall be presumed, until the contrary is proved, to beequal.(iii) A copy of the notice shall be forwarded to the assessee at his last addressknown to the 25 [Assessing] Officer 26 [or <strong>Tax</strong> Recovery Officer], and in the case ofa joint account to all the joint holders at their last addresses known to the25[Assessing] Officer 26 [or <strong>Tax</strong> Recovery Officer].(iv) Save as otherwise provided in this sub-section, every person to whom a noticeis issued under this sub-section shall be bound to comply with such notice, and,in particular, where any such notice is issued to a post office, banking companyor an insurer, it shall not be necessary for any pass book, deposit receipt, policyor any other document to be produced for the purpose of any entry, endorsementor the like being made before payment is made, notwithstanding any rule,practice or requirement to the contrary.(v) Any claim respecting any property in relation to which a notice under this subsectionhas been issued arising after the date of the notice shall be void as againstany demand contained in the notice.20. For text of section 60 of the Code of Civil Procedure, 1908, see Appendix.21. Substituted for “<strong>Income</strong>-tax” by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1989, w.r.e.f.1-4-1988.22. Inserted, ibid., w.e.f. 1-4-1989.23. For the meaning of the expression “may become due”, see <strong>Tax</strong>mann’s Direct <strong>Tax</strong>esManual, Vol. 3.24. For the meaning of the expression “or may subsequently hold money”, see <strong>Tax</strong>mann’sDirect <strong>Tax</strong>es Manual, Vol. 3.25. Substituted for “<strong>Income</strong>-tax” by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1989, w.r.e.f.1-4-1988.26. Inserted, ibid., w.e.f. 1-4-1989.

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