CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann
CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann
At the sale, the public generally are invited to bid either personally or by duly authorized agent. No. officer or other person, having any duty to perform in connection with this sale shall, however, either directly or indirectly bid for, acquire or attempt to acquire any interest in the property sold. The sale shall be subject to the conditions prescribed in the Customs (Attachment of Property of Defaulters for the Recovery of Customs Dues) Rules 1995, and to the following further conditions:- i) The particulars specified in the annexed schedule have been stated to the best of the information of the undersigned, but the undersigned shall not be answerable for any error, mis-statement or omission in this proclamation. 2[**(ii) The reserve price below which the property shall not be sold is Rs…………] 3 (iii) The amounts by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 4 (iv) The highest bidder shall be declared to be the purchaser of any lot provided always that he is legally qualified to bid and provided further that the amount bid by him is not less than the reserve price. It shall be in the discretion of the undersigned to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it inadvisable to do so. 1.[(v)] For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of Customs (Attachment of Property of Defaulters for the Recovery of Customs dues) Rules 1995. [(vi)] In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment, the property shall forthwith be again put up and resold. 2[(vii)]In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration, a deposit of twenty-five per cent of the amount of his purchase money to the officer conducting the sale and, in default of such deposit, the property shall forthwith be put up again and resold. The full amount of the purchase money payable shall be paid by the purchaser to the undersigned on or before the 15 th day from the date of the sale of the property, exclusive of such day, or if the 15 th day be a Sunday or other holiday, then on the first office day after 15 th day . In default of payment within the period mentioned above, the property shall be resold, after the issue of a fresh proclamation of sale. The deposit, after defraying the expenses of the sale, may, if the undersigned thinks fit, be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. Page 40 of 117
SCHEDULE __________________________________________________________________________ No. Description of property Revenue assessed Details of Claims, if any, which to be sold with the upon the property any encum- have been put fornames of the other or any part there- brances to warded to the properco-owners where of which the ty and any other the property be- property known particulars longs to the is liable bearing on its nature defaulter and any and value other persons as co-owners 1 2 3 4 5 Given under my hand and seal at …………………………this …………….. day of ………………………….19 …………………… (OFFICE SEAL) Authorised Officer (NAME IN BLOCK LETTER) DESIGNATION ________________________________________________________________________ Note: - *Applies only in the case of auction of immovable property where a reserve price is fixed.] Page 41 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 and 18: ATTACHMENT ANNEXURE’A’ 1. There
- Page 19 and 20: PROCLAIMATION AND SALE ANNEXURE ‘
- 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: To …………………………
- 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
- Page 69 and 70: The sale shall be subject to the co
- Page 71 and 72: APPENDIX IX ORDER OF CONFIRMATION O
- Page 73 and 74: CERTIFICATE OF SALE OF IMMOVABLE PR
- Page 75 and 76: APPENDIX - XIII Record of Recovery
- Page 77 and 78: “Provided that where such person
- Page 79 and 80: 11B of the said Act and such person
- Page 81 and 82: ook, deposit receipt, policy or any
- Page 83 and 84: . by recovery from any other person
- Page 85 and 86: evenue. The remedy of attachment be
- Page 87 and 88: interest shall not be competent to
At the sale, the public generally are invited to bid either personally or by duly<br />
authorized agent. No. <strong>of</strong>ficer or other person, having any duty to per<strong>for</strong>m in connection with<br />
this sale shall, however, either directly or indirectly bid <strong>for</strong>, acquire or attempt to acquire<br />
any interest in the property sold.<br />
The sale shall be subject to the conditions prescribed in the Customs (Attachment <strong>of</strong><br />
Property <strong>of</strong> Defaulters <strong>for</strong> the Recovery <strong>of</strong> Customs Dues) Rules 1995, and to the following<br />
further conditions:-<br />
i) The particulars specified in the annexed schedule have been stated to the best <strong>of</strong> the<br />
in<strong>for</strong>mation <strong>of</strong> the undersigned, but the undersigned shall not be answerable <strong>for</strong> any error,<br />
mis-statement or omission in this proclamation.<br />
2[**(ii) The reserve price below which the property shall not be sold is Rs…………]<br />
3 (iii) The amounts by which the biddings are to be increased shall be determined<br />
by the <strong>of</strong>ficer conducting the sale. In the event <strong>of</strong> any dispute arising as to the amount bid,<br />
or as to the bidder, the lot shall at once be again put up to auction.<br />
4 (iv) The highest bidder shall be declared to be the purchaser <strong>of</strong> any lot provided<br />
always that he is legally qualified to bid and provided further that the amount bid by him is<br />
not less than the reserve price. It shall be in the discretion <strong>of</strong> the undersigned to decline<br />
acceptance <strong>of</strong> the highest bid when the price <strong>of</strong>fered appears so clearly inadequate as to<br />
make it inadvisable to do so.<br />
<strong>1.</strong>[(v)] For reasons recorded, it shall be in the discretion <strong>of</strong> the <strong>of</strong>ficer conducting the sale to<br />
adjourn it subject always to the <strong>provisions</strong> <strong>of</strong> Customs (Attachment <strong>of</strong> Property <strong>of</strong><br />
Defaulters <strong>for</strong> the Recovery <strong>of</strong> Customs dues) Rules 1995.<br />
[(vi)] In the case <strong>of</strong> movable property, the price <strong>of</strong> each lot shall be paid at the time <strong>of</strong> sale<br />
or as soon after as the <strong>of</strong>ficer holding the sale directs, and in default <strong>of</strong> payment, the<br />
property shall <strong>for</strong>thwith be again put up and resold.<br />
2[(vii)]In the case <strong>of</strong> immovable property, the person declared to be the purchaser shall pay<br />
immediately after such declaration, a deposit <strong>of</strong> twenty-five per cent <strong>of</strong> the amount <strong>of</strong> his<br />
purchase money to the <strong>of</strong>ficer conducting the sale and, in default <strong>of</strong> such deposit, the<br />
property shall <strong>for</strong>thwith be put up again and resold. The full amount <strong>of</strong> the purchase money<br />
payable shall be paid by the purchaser to the undersigned on or be<strong>for</strong>e the 15 th day from the<br />
date <strong>of</strong> the sale <strong>of</strong> the property, exclusive <strong>of</strong> such day, or if the 15 th day be a Sunday or other<br />
holiday, then on the first <strong>of</strong>fice day after 15 th day . In default <strong>of</strong> payment within the period<br />
mentioned above, the property shall be resold, after the issue <strong>of</strong> a fresh proclamation <strong>of</strong> sale.<br />
The deposit, after defraying the expenses <strong>of</strong> the sale, may, if the undersigned thinks fit, be<br />
<strong>for</strong>feited to the Government and the defaulting purchaser shall <strong>for</strong>feit all claims to the<br />
property or to any part <strong>of</strong> the sum <strong>for</strong> which it may subsequently be sold.<br />
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