1979 (3) TMI 4

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....J.-The petitioner had some income-tax liability outstanding against him. The ITO issued a recovery certificate. The Tax Recovery Officer executed it by attaching and selling house No. 20, Kavi Kalidas Road, Dehradun, together with 5 bighas of land, etc. At the auction this property was sold for Rs. 99,000. It appears that out of the sale proceeds the TRO paid out the amount mentioned in the recove....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s framed under the IInd Schedule of the I.T. Act, 1961, the sale proceeds are liable to be disposed of by first paying off the costs of the auction and then the amount due under the certificate in execution of which the assets were realised. Thereafter he has to pay to the ITO any other amount recoverable under the procedure provided under the Act and under clause (d) the balance, if any, remainin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....judicated by the civil court in due course. It has also been stated in paragraph No. 50 of the counter affidavit that the excess amount of the sale proceeds lying with the I.T. Dept., DehraDun, has been attached by the civil court. Since the surplus money has already been made subject to an order of attachment, it will be in the interest of justice fit and proper that the TRO be directed to do his....