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

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

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(Score out whichever paragraph is not applicable).<br />

N.B. Attention is invited to Rule 9 <strong>of</strong> the Customs (Attachment <strong>of</strong> Property <strong>of</strong> Defaulters<br />

<strong>for</strong> Recovery <strong>of</strong> Customs Dues) Rules 1995 which is reproduced below:-<br />

9(i) where a notice has been served on a defaulter under rule 2, the defaulter or his<br />

representative interest shall not be competent to mortgage, charge, lease, or otherwise deal<br />

with any property belonging to him except with the permission <strong>of</strong> the proper <strong>of</strong>ficer, not<br />

shall any civil court issue an process against such property in execution <strong>of</strong> a decree <strong>for</strong> the<br />

payment <strong>of</strong> money.<br />

(ii) where an attachment has been made under these Rules, any private transfer or<br />

delivery <strong>of</strong> the property attached or <strong>of</strong> any interest therein and any payment to the defaulter<br />

<strong>of</strong> any debt, dividend or other monies contrary to such attachment, shall be void, as against<br />

all claims en<strong>for</strong>ceable under the attachment”.<br />

Page 26 <strong>of</strong> 117

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