https://www.taxtmi.com/caselaws?id=184217 Rule 35 recovery attachment cannot be used against an unutilised cash credit or overdraft account because the bank is not a debtor to the account-holder and no money is due, may become due, or is held on the debtor's account. The provision operates only as a garnishee-type recovery mechanism and cannot be applied as a credit freeze for cess arrears, so the attachment of the overdraft account was invalid and set aside. The separate prohibitory order was not examined in writ jurisdiction because an efficacious statutory appeal was available, leaving that dispute to the appellate remedy. en-us Thu, 08 Jul 2010 00:00:00 +0530 Sat, 13 Jul 2024 17:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184217 Rule 35 recovery attachment cannot be used against an unutilised cash credit or overdraft account because the bank is not a debtor to the account-holder and no money is due, may become due, or is held on the debtor's account. The provision operates only as a garnishee-type recovery mechanism and cannot be applied as a credit freeze for cess arrears, so the attachment of the overdraft account was invalid and set aside. The separate prohibitory order was not examined in writ jurisdiction because an efficacious statutory appeal was available, leaving that dispute to the appellate remedy. Case-Laws Income Tax Thu, 08 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184217