https://www.taxtmi.com/caselaws?id=5956 Where tax arrears could be realised only from money admittedly due to the assessee and held by a third party, the Supreme Court held that civil relief by way of a receiver could be granted to facilitate recovery. The appellant's asserted counter-claim was treated as a unilateral adjustment, not a bona fide defence to the Revenue's claim. As the recovery machinery under section 46(2) had already been set in motion and section 46(5A) had become ineffective on the facts, recourse to the civil court was considered permissible. The decree was upheld because no ordinary money decree could properly be passed against the appellant except in relation to the assessee's funds in its hands. en-us Fri, 21 Nov 1986 00:00:00 +0530 Sun, 30 Nov 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=5956 Where tax arrears could be realised only from money admittedly due to the assessee and held by a third party, the Supreme Court held that civil relief by way of a receiver could be granted to facilitate recovery. The appellant's asserted counter-claim was treated as a unilateral adjustment, not a bona fide defence to the Revenue's claim. As the recovery machinery under section 46(2) had already been set in motion and section 46(5A) had become ineffective on the facts, recourse to the civil court was considered permissible. The decree was upheld because no ordinary money decree could properly be passed against the appellant except in relation to the assessee's funds in its hands. Case-Laws Income Tax Fri, 21 Nov 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=5956