Wide publicity of attachment of immoveable property. - Income Tax - 1785/CBDT

INSTRUCTION NO. 1785/CBDT Dated: February 25, 1988 Rule 50 of the Second Schedule to the Income-tax Act, l961 provides that the order of attachment shall be proclaimed at some place on or adjacent to the property attached by beat of drum or customary modes, and a copy of the order shall be affixed on a conspicuous part of the property and on the notice board of the office of the Tax Recovery Officer. The Public Accounts Committee in their 95th Report, have expressed the opinion that the provisions of Rule 50 are not sufficient to warn the bonafide purchaser or a third party, against entering into any transaction in respect of a property under attachment. To achieve this, the Committee suggested that the wide publicity of the attachment of immovable property u/s 48 of the Second Schedule to I.T. Act 1961 should be given by way of advertisements in newspapers. This recommendation has been accepted. 2. Accordingly, it is decided that wide publicity should be given about the properties under attachment. As soon as order of attachment under Rule 48 of the Second Schedule is passed, the TRO concerned should issue advertisements in English and local languages newspapers giving the name of the defaulter and details of the properties. The details must be specific and should enable clear identification of the property. In respect of old cases, a list of such attachment giving similar details as above may be prepared and published. These instructions may be brought to the notice of all concerned.