Seizure of promissory notes can be qualified to require borrowers to pay the tax department instead of lenders. An order restraining a lender from parting with promissory notes can be ineffective unless qualified to require borrowers to pay the amounts directly to the tax department; where recovery is at risk, seizure action should be taken. The authorised officer may direct borrowers to pay the department and may seize promissory notes and invoke the replacement-in-money provision to obtain monetary replacement before returning the notes.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Seizure of promissory notes can be qualified to require borrowers to pay the tax department instead of lenders.
An order restraining a lender from parting with promissory notes can be ineffective unless qualified to require borrowers to pay the amounts directly to the tax department; where recovery is at risk, seizure action should be taken. The authorised officer may direct borrowers to pay the department and may seize promissory notes and invoke the replacement-in-money provision to obtain monetary replacement before returning the notes.
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