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Sch. II Part 2 Rule 27 – Income Tax Act, 1961

Income Tax Act, 1961





(1) The attachment of a decree of a civil court for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issue to the civil court of a notice requesting the civil court to stay the execution of the decree unless and until –


(i) The Tax Recovery Officer cancels the notice, or


(ii) The Tax Recovery Officer or the defaulter applies to the court receiving such notice to execute the decree.


(2) Where a civil court receives an application under clause (ii) of sub-rule (1), it shall, on the application of the Tax Recovery Officer or the defaulter and subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.


(3) The Tax Recovery Officer shall be deemed to be the representative of the holder of the attached decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.


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Income Tax Act, 1961 


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