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        Case ID :

        Attachment of Properties Against Tax Arrears

        December 13, 2014

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        Total amount of direct taxed arrear demand as on 31.10.2014 is ₹ 6,15,295 crore. An amount of ₹ 23,653 crore has been collected/recovered during the period 1.4.2014 to 31.10.2014.

        The target for cash collection out of arrear demand by the field authorities for the FY 2014-15 has been fixed at ₹ 41,997 crore. Out of the total arrear demand as above, demand of ₹ 5,82, 106 crore has been categorized as being difficult to recover, as on 31.10.2014.

        Income-tax Act, 1961 gives the power to the Assessing Officers/Tax Recovery Officers to attach the properties, movable or immovable, in appropriate cases of tax defaulters. It also empowers the Central Government to publish the names of the tax-defaulters, if it considers necessary or expedient in the public interest and in accordance with the prescribed guidelines.

        Total amount of tax arrears outstanding, as on 31.10.2014, against notified persons under the Special Court (Trial of Offences relating to Securities) Act, 1992 is ₹ 36, 254 crore. The Central Government appoints the Custodian/s, for the purposes of the said Act, who is/are empowered to notify the persons to be covered under this Act. All properties, movable or immovable or both, are attached simultaneously with the issue of the notification. Any recovery of tax arrears in case of these notified persons is made through the office of the Custodian/s, Income-tax authorities regularly follow up with the Special Court in matters of recovery of tax demand in such cases.

        This information was given by the Minister of State of Finance, Shri Jayant Sinha in written reply to a question in Lok Sabha.

        Attachment of properties enables statutory tax recovery and custodial notification procedures under the special securities offences regime. The Income-tax Act empowers assessing officers and tax recovery officers to attach movable and immovable property and permits the Central Government to publish names of tax defaulters under prescribed guidelines. Under the Special Court Act, the Central Government appoints custodians who notify persons covered and effect simultaneous attachment of all properties; tax recovery against notified persons is made through custodians, with Income-tax authorities following up with the Special Court.
                          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.

                                Attachment of properties enables statutory tax recovery and custodial notification procedures under the special securities offences regime.

                                The Income-tax Act empowers assessing officers and tax recovery officers to attach movable and immovable property and permits the Central Government to publish names of tax defaulters under prescribed guidelines. Under the Special Court Act, the Central Government appoints custodians who notify persons covered and effect simultaneous attachment of all properties; tax recovery against notified persons is made through custodians, with Income-tax authorities following up with the Special Court.





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                                ActsIncome Tax
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