CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann

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Similarly in regard to valuation of shares, authorized agencies like SEBI, Stock Exchanges could be consulted. 7. The order of attachment of negotiable instrument shall be in the form Appendix VIIA. 8. In the case of shares held by the defaulter in a company, the order in Appendix VIIB shall be issued both to the defaulter and the principal officer of the company prohibiting them from making any transfer of the shares. A copy of the prohibitory order should also be affixed on the notice board of the authorized officer. Page 20 of 117
PROCLAIMATION AND SALE ANNEXURE ‘B’ 1. When the authorized officer acting under Rule 15 has obtained the Commissioner’s order to the effect that the immovable property belonging to the defaulter should be sold he has to give proclamation of such intended sale. 2. The proclamation should be in the language of the district in which the particular property is situated and one proclamation should be issued for each defaulter. It is not necessary to give notice to the defaulter before the sale proclamation is settled. Once a notice is issued, there is not necessity of issuing a fresh notice if subsequently a sale is to be adjourned. 3. The proclamation which is the prelude to sale should contain the following particulars i.e.: (i) The revenue assessed upon the property or part thereof; (ii) The reserve price below which the property may not be sold; and (iii) Any other thing which the authorized officer considers it material for the purchaser to know in order to judge the nature and value of the property. 4. Every proclamation of sale should be made in the following manner: (A) By a customary mode (announcement by loud speaker may also be resorted to) at some place on or near the property to be sold. Omission to beat drum as required by Rule 19 is “material irregularity”. (B) A copy of the proclamation shall be affixed: (i) Where several properties are put up for sale, copy of the proclamation should be affixed on each property separately. (ii) Upon a conspicuous part of the office of the authorized officer. This condition must be scrupulously followed in ever case. 5. The sale of immovable property made in execution of a Certificate becomes absolute when the authorized officer makes an order confirming the sale. It is mandatory upon the authorized officer to make the order confirming the sale when the following conditions are fulfilled. (i) When no application is made for setting aside a sale under Rule 20; (ii) (a) When such an application has been made and the same is disallowed by the authorized officer; and (b) the full sum of the purchase money has been paid. 6. The authorized officer can also make an order not confirming the sale but setting the same aside, if, (a) an application under Rule 20 has been made and is allowed by him, Page 21 of 117
Page 1 and 2: CUSTOMS INDEX 1. Legal provisions f
Page 3 and 4: INTRODUCTION This Handbook is aimed
Page 5 and 6: SECTION 142 RECOVERY OF SUMS DUE TO
Page 7 and 8: CHAPTER II PROCEDURE FOR ATTACHMENT
Page 9 and 10: Provided that the Commissioner shal
Page 11 and 12: CHAPTER IV MISCELLANEOUS 27. Dispos
Page 13 and 14: it is found that there - is no shor
Page 15 and 16: Dues - Recovery of arrears of reven
Page 17: ATTACHMENT ANNEXURE’A’ 1. There
Page 21 and 22: officer for incurring such expendit
Page 23 and 24: To …………………………
Page 25 and 26: APPENDIX II A NOTICE OF ATTACHMENT
Page 27 and 28: ……………………………
Page 29 and 30: APPENDIX III B PANCHANAMA ATTACHMEN
Page 31 and 32: To ………………………...
Page 33 and 34: APPENDIX -VI NOTICE OF ATTACHMENT O
Page 35 and 36: APPENDIX - VII B PROHIBITORY ORDER
Page 37 and 38: To …………………………
Page 39 and 40: SCHEDULE __________________________
Page 41 and 42: To APPENDIX - X NOTICE TO INTERESTE
Page 43 and 44: APPENDIX - XII A CERTIFICATE OF SAL
Page 45 and 46: LEGAL PROVISIONS OF RECOVERY OF ARR
Page 47 and 48: (i) in clause (c), the reference to
Page 49 and 50: assessed under rule 6 and the inter
Page 51 and 52: ANNEXURE B OFFICE OF THE SUPERINTEN
Page 53 and 54: certificate within 7 days of the no
Page 55 and 56: ii) (a) When such an application ha
Page 57 and 58: From FORM OF CERTIFICATE UNDER SECT
Page 59 and 60: (Scoreout whichever paragraph is no
Page 61 and 62: PANCHNAMA ATTACHMENT OF MOVABLE PRO
Page 63 and 64: To Sir, NOTICE OF ATTACHMENT A DECR
Page 65 and 66: To (Attaching Officer) APPENDIX - V
Page 67 and 68: To APPENDIX - VII C ORDER OF ATTACH
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The sale shall be subject to the co
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APPENDIX IX ORDER OF CONFIRMATION O
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CERTIFICATE OF SALE OF IMMOVABLE PR
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APPENDIX - XIII Record of Recovery
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“Provided that where such person
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11B of the said Act and such person
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ook, deposit receipt, policy or any
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. by recovery from any other person
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evenue. The remedy of attachment be
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interest shall not be competent to
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9. Whether solvency position and fi
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Rs.10 lakhs subject to a report to
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vi) Section 11 of the Central Excis
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Recovery of arrears during pendency
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F.No. 238/2/98-CX-7 Circular No. 55
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GENERAL CIRCULAR NO. 55 / 2004 Date
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(iii) The responsibility for monito
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excisable goods, materials, plants
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OFFICE OF THE CHIEF COMMISSIONER (T
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Reward to informers for recovery fr
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3. In case, the Certificate is sent
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12. It is emphasized that the instr
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5. On receipt of the certificate, i
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lakhs (irrespective of the age) by
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CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann

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