1971 (5) TMI 9 - HC - Income Tax

Recovery proceedings - validity of attchment of third person s property by Tax Recovery Officer when certification was not issued by ITO - validity of notice issued by TRO not mentioniong the amounts payable by the third person -

Summary

Issues:
1. Validity of the notice issued under section 226(3)(i) of the Income-tax Act, 1961.
2. Disbelief of the affidavit filed by the petitioner.
3. Power of the Tax Recovery Officer to take recovery proceedings without a recovery certificate.

Analysis:
1. The High Court analyzed the validity of the notice issued under section 226(3)(i) of the Income-tax Act, 1961. The court emphasized that the notice must specify the amount due by the person and the period within which payment is required. While the court acknowledged the importance of specifying the amount due, it did not categorically state that a notice without this specification is always invalid. The court highlighted the need for caution in exercising the powers under section 226(3) and stressed that the notice should indicate the specific sum due to the assessee. The petitioner's understanding of the notice's intent was also considered in determining its validity.

2. The court addressed the disbelief of the affidavit filed by the petitioner. It noted that the affidavit, filed by the petitioner's accountant instead of a partner, lacked clarity regarding the source of information provided. The court highlighted that the affidavit did not align with the requirements of section 226(3)(vi), which necessitates a statement on oath by the person served with the notice. The court concluded that the affidavit did not meet the statutory requirements for challenging the notice.

3. Lastly, the court examined the power of the Tax Recovery Officer to initiate recovery proceedings without a recovery certificate. The court interpreted the relevant sections of the Income-tax Act, emphasizing the mandatory nature of obtaining a recovery certificate before commencing recovery proceedings. It noted that the absence of a recovery certificate rendered the recovery proceedings taken by the Tax Recovery Officer against the petitioner without jurisdiction. Consequently, the court quashed the recovery proceedings but denied the remaining relief sought by the petitioner. No costs were awarded in the case.