1986 (10) TMI 13

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..... ., respondent No. 2, the Tax Recovery Officer attached the amounts of Rs. 1,00,000 and Rs. 1,09,528-20 lying to the credit of Laxmi Narain Public Charity Trust, respondent No. 3, with respondent No. 2, Rs. 93,400 with respondent No. 1, Rs. 1,000 lying deposited with the Post Master, Golden Temple, Amritsar, and 100 fully paid-up shares of respondent No. 2. The respondents filed objections that the .....

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..... al by the Union of India. The trial court held the suit to be barred on the ground that the existence and validity of the trust had been upheld by the appellate authority in the assessment proceedings. This was a wholly erroneous view. Against the order of the Tax Recovery Officer, the remedy of suit is specifically provided in the rules itself. The suit by the Union of India challenging the ord .....

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..... unal. The finding recorded by the Tribunal is thus final between the parties and binding on the Tax Recovery Officer. If that is so, then no fault can be found with the impugned order of the Tax Recovery Officer whereby the attached properties were ordered to be released. Consequently, this appeal must fail and is hereby dismissed but without any order as to costs. - - TaxTMI - TMITax - Inco .....

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