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Income-Tax Act - Section No. 222
September, 07th 2010

Certificate to Tax Recovery Officer7.

222. 8[(1) When an assessee is in default or is deemed to be in default in making a payment of tax, the Tax Recovery Officer may draw up under his signature a statement in the prescribed form9 specifying the amount of arrears due from the assessee (such statement being hereafter in this Chapter and in the Second Schedule referred to as certificate) and shall proceed to recover from such assessee the amount specified in the certificate by one or more of the modes mentioned below, in accordance with the rules laid down in the Second Schedule]

(a) attachment and sale of the assessees movable property ;

(b) attachment and sale of the assessees immovable property ;

(c) arrest of the assessee and his detention in prison ;

(d) appointing a receiver for the management of the assessees movable and immovable properties.

10[Explanation.For the purposes of this sub-section, the assessees movable or immovable property shall include any property which has been transferred, directly or indirectly on or after the 1st day of June, 1973, by the assessee to his spouse or minor child or sons wife or sons minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property so transferred to his minor child or his sons minor child is concerned, it shall, even after the date of attainment of majority by such minor child or sons minor child, as the case may be, continue to be included in the assessees movable or immovable property for recovering any arrears due from the assessee in respect of any period prior to such date.]

11[(2) The Tax Recovery Officer may take action under sub-section (1), notwithstanding that proceedings for recovery of the arrears by any other mode have been taken.]

 
 
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