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
To, PROCLAMATION OF SALE Office of the Assistant Commissioner Customs & Central Excise APPENDIX VIII Whereas the Assistant Commissioner of Central Excise ......................... has forwarded the Certificate No.................... dated .................... for the recovery of the sum of Rs. .............. from ................. (defaulter) which sum is recoverable together with interest in accordance with Section for the period commencing immediately after the said date and the costs, charges and expense of the proceedings for the recovery thereof; And whereas the undersigned has ordered the sale of the attached property mentioned in the annexed schedule in satisfaction of the said Certificate; And whereas on the ....................... day of ...................... 19 .................... (the date fixed for the sale) there will be due there under a sum of Rs. ..................... including costs and interest; Notice is hereby given that, in the absence of any order of postponement the said property shall be sold by public auction at .................... AM/ PM ........................ on the said…………………………day of ................. 19 .................. at ..................(place) The sale will be of the property of the defaulter above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot; The property will be put up for sale in the lost specified in the schedule. If the amount to be realised by sale is satisfied by the sale of a portion of the property, the sale shall be immediately stopped with respect to the remainder. The sale will also be stopped if, before any lot is knocked down, the arrears mentioned in the said Certificate, interest payable under Section and costs (including the costs of the sale) are tendered to the officer conducting the sale or proof is given to his satisfaction that the amount of such arrears, interests and costs has been paid to the undersigned. At the sale, the public generally are invited to bid either personally or by duly authorised 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. Page 70 of 117
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: 1. 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, misstatement 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 under signed 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 in the discretion of the officer conducting the sale to adjourn it subject always to the provision of Customs (Attachment of Property of Defaulters for the Recovery of Customs dues) Rules, 1995, as made applicable to like matters in Central Excise by Notification No. 68/63-CE(NT) dt. 4.5.63, as amended. (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, if default of such deposit, the property shall forth with 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 15th day from the date of the sale of the property, exclusive of such day, or if the 15th day be a Sunday or other holiday, then on the first office day after 15th 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 the any part of the sum for which it may subsequently be sold. Page 71 of 117
- 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 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: To APPENDIX - VII C ORDER OF ATTACH
- 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
- Page 89 and 90: 9. Whether solvency position and fi
- Page 91 and 92: Rs.10 lakhs subject to a report to
- Page 93 and 94: vi) Section 11 of the Central Excis
- Page 95 and 96: Recovery of arrears during pendency
- Page 97 and 98: F.No. 238/2/98-CX-7 Circular No. 55
- Page 99 and 100: GENERAL CIRCULAR NO. 55 / 2004 Date
- Page 101 and 102: (iii) The responsibility for monito
- Page 103 and 104: excisable goods, materials, plants
- Page 105 and 106: OFFICE OF THE CHIEF COMMISSIONER (T
- Page 107 and 108: Reward to informers for recovery fr
- Page 109 and 110: 3. In case, the Certificate is sent
- Page 111 and 112: 12. It is emphasized that the instr
- Page 113 and 114: 5. On receipt of the certificate, i
- Page 115: lakhs (irrespective of the age) by
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 />
<strong>1.</strong> 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, misstatement<br />
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 by the<br />
<strong>of</strong>ficer conducting the sale. In the event <strong>of</strong> any dispute arising as to the amount bid, or as to the<br />
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 always that<br />
he is legally qualified to bid and provided further that the amount bid by him is not less than<br />
the reserve price. It shall be in the discretion <strong>of</strong> the under signed to decline acceptance <strong>of</strong> the<br />
highest bid when the price <strong>of</strong>fered appears so clearly inadequate as to make it inadvisable to do<br />
so.<br />
1(v) For reasons recorded, it shall in the discretion <strong>of</strong> the <strong>of</strong>ficer conducting the sale to<br />
adjourn it subject always to the provision <strong>of</strong> Customs (Attachment <strong>of</strong> Property <strong>of</strong> Defaulters<br />
<strong>for</strong> the Recovery <strong>of</strong> Customs dues) Rules, 1995, as made applicable to like matters in Central<br />
Excise by Notification No. 68/63-CE(NT) dt. 4.5.63, as amended.<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 or<br />
as soon after as the <strong>of</strong>ficer holding the sale directs, and in default <strong>of</strong> payment, the property<br />
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, if default <strong>of</strong> such deposit, the property<br />
shall <strong>for</strong>th with be put up again and resold. The full amount <strong>of</strong> the purchase money payable<br />
shall be paid by the purchaser to the undersigned on or be<strong>for</strong>e the 15th day from the date <strong>of</strong> the<br />
sale <strong>of</strong> the property, exclusive <strong>of</strong> such day, or if the 15th day be a Sunday or other holiday,<br />
then on the first <strong>of</strong>fice day after 15th day. In default <strong>of</strong> payment within the period mentioned<br />
above, the property shall be resold, after the issue <strong>of</strong> a fresh proclamation <strong>of</strong> sale. The deposit,<br />
after defraying the expenses <strong>of</strong> the sale, may, if the undersigned thinks fit, be <strong>for</strong>feited to the<br />
Government and the defaulting purchaser shall <strong>for</strong>feit all claims to the property or the any part<br />
<strong>of</strong> the sum <strong>for</strong> which it may subsequently be sold.<br />
Page 71 <strong>of</strong> 117