Sale of premises: Tax Recovery Officers order set aside
October, 12th 2007
An order by Tax Recovery Officer, Income-tax, declaring null and void sale of a premises in Kumbakonam in Tamil Nadu, has been set aside by Madurai Bench of Madras High Court.
By said order dated 31-10-2003, TRO issued a notice to erstwhile owner of property, Mr V.P.R. Sethuraman, under Rule 16 of Second Schedule to Income-tax Act, 1961, that sale was null and void.
Power of TRO to declare a transaction as null and void was available under Section 281 of IT Act, it was contended by TRO (first respondent). Petitioner K.B. Mohd Aslam submitted that any declaration of a transaction being void must be sought in civil court.
In this case, the Income-tax Officer was an interested party as it was in interest of revenue to make such a declaration that sale was null and void and proceed to recover vendors arrears of tax from such person.
Mr Justice K. Chandru, who heard the writ petition, held that in the light of clear pronouncements of apex court, as well as by this court, contentions raised by revenue were without substance. Therefore, impugned order of TRO was set aside and writ petition would stand allowed.