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S.R.O. 1178(I)/92._ In exercise of the powers conferred by Section 50 and Section 48 of the Sales
Tax Act, 1990, the Central Board of Revenue is pleased to make the following
rules, namely:-
1. Short title and commencement.-- (1) These rules may be called the
Sales Tax Recovery
Rules, 1992.
(2) They shall come into force at once.
2. Definitions.-- (1) In these rules, unless there is anything
repugnant in the subject or context.
(i) "Act" means the Sales Tax Act, 1990;
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(ii) "Attachment Officer" means an officer, not below the rank of Principal
Appraiser or Superintendent,
- Senior Auditor authorised by the Recovery Officer to perform any
of the functions under these rules;
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(iii) "Defaulter" means a person mentioned in demand note, who has failed to
discharge his liabilities in
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payment of Government dues;
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- (iv)
"Demand Note" means a note received by the
Sales Tax Recovery Officer from the referring authority
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specifying the details
regarding the defaulter and the Government dues;
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- (v)
" execution" means steps taken for the recovery of Government dues under
these rules in pursuance of a
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demand note;
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- (vi)
"Government dues" means recoverable amounts of sales tax, additional tax,
surcharge or any other tax,
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duty or other levy being collected, in the same
manner as sales tax is collected, an adjudged penalty or
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fine or any amount
unpaid which may be payable under any bond guarantee or instrument executed
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under the Act or such other laws or the rules made there under and against the
recovery of which there
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is no bar or valid stay order from the competent court;
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- (vii)
"Immovable property" means a property which
cannot be taken into custody for removal without
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physically knocking it down.
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- (viii)
"Movable property" means a property which can be taken into custody for
removal without physically
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knocking it down and includes currency and coin,
shares, documents and instruments;
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- (ix)
"Receiver" means a person appointed by the Sales Tax Recovery Officer to
manage, run and account
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for any attached business or property;
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- (x)
"Recovery Officer" means an officer of the Central Excise department
notified to be the appropriate
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officer under Section 11 of the Act;
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- (xi)
"Referring authority" means an officer, not below the rank of an Assistant
Collector, desiring to recover
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government dues through Recovery Officer;
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- (xii)
"Share" means share in a corporation and private limited or public
limited company and includes stock,
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debenture stock, debentures or bonds.
(xiii) "offices" means the offices of referring authority and
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recovery officer;
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(2) All other expressions used but not defined in these rules
shall have the same meanings as are assigned to them in the Act.
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- 3.
Omitted.
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- (4)
Initiation of recovery action.—
(1)
On expiry of thirty days from the date on which the Government dues are
adjudged, the referring authority shall
deduct the amount from any money
owing to the person from whom such amount is recoverable and which
may be at the disposal or in the control of such officer.
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- (2)
In case the government dues
are not fully recovered under sub-rule (1), the referring authority may:
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(a) serve a notice to the customs, central excise, sales
tax or income tax officers in the form as set out in
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Annex-III to deduct the Government dues from any money owing to the
defaulter which may be under
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their control; and a copy of such notice shall be endorsed to the
defaulter;
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(b) require by
notice in writing, any person or organization who holds, or may subsequently
hold, any
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money for or on account of the defaulter, to pay to such officer the
amount specified in the notice;
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- (c)
require, by notice in writing, the customs officers to stop the
clearance of any goods imported by the
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defaulter; and
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(d)
attach the bank accounts of the defaulter.
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5. Stoppage of clearances and sealing of business premises.--
(1) In case
the government dues are not recovered in the manner prescribed in rule 4,
the referring authority shall serve upon the defaulter a
notice as set out in Annex IV, informing
him that removal of any goods from his business premises shall be stopped
with effect from the date specified in the notice till such time the dues
are paid or recovered in full:
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Provided
that if the government dues still remain unpaid, the referring authority
shall seal the business
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premises of the defaulter till such time the dues are
paid or recovered in full.
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(2) If the referring authority is satisfied that the defaulter is likely to
conceal, remove or dispose of the whole or any part of such of his movable or
immovable property, as shall be liable to attachment in the process of recovery,
and that the realization of government dues in consequence be delayed or
obstructed, he may at any time after the issue of the notice under sub-rule (1),
direct, for reasons to be recorded in writing, execution of the notice by
ignoring the specified time limit.
(3) The referring authority may, if he deems fit, publish such notice as
mentioned in sub-rule (1) or rule 4, in one or more newspapers circulated in the
district of normal residence of the defaulter.
6. Demand Note. --
In the event of failure of recovery measures taken by the referring authority
under rule 4 and rule 5 the referring authority, shall issue a demand note, in
the form set out in Annex 1, to the Recovery Officer, specifying therein the
details of government dues meant for recovery and shall also certify that the
formalities under clauses (a), (b), (c), (ca), (d) and (f) of sub-section (1) of
section 48 of the Act have been completed and there exists no bar or stay order
against the proposed recovery.
7. Attachment and sale of property. -- The recovery officer, on receipt of demand note, shall serve upon the defaulter
a notice as set out in Annex V and his movable and immovable property shall
stand attached arid subsequently shall be sold if the recovery is not otherwise
effected.
8. Master Registers to be maintained by the referring authority and the
Recovery Officer.--
(1) The referring authority and the recovery officer shall maintain master
registers in the form set out in Annex II and every notice, order and demand
note shall be entered in this register serially, and they shall authenticate all
entries by affixing their signatures; and seal.
(2) The referring authority and the recovery officer shall exchange their
information for completion of corresponding entries in the master registers of
both offices in the form of a monthly return which shall be the exact replica of
Annex II, after filling the respective columns by the concerned office.
9. Power to require information to be furnished. -- The referring authority for the recovery officer may, by requisition in writing,
require any person or organisation, whether registered under the Act or
otherwise, to furnish any information, required for the proceedings under these
rules.
10. Mode of service of notice.-- All notices or orders served under these Rules, unless otherwise specifically
provided, shall be served --
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(a) by tendering the notices or orders or sending by registered
post or courier service, to the
person for
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whom these are intended or to his agent, at his last known address;
or
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(b) If the notice cannot be served in the manner as provided in clause (a),
by affixing it on the notice board in
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the office of the Recovery Officer.
11. Disposal of proceeds of execution.--
(1) Whenever Government dues are realised, by sale or otherwise, in execution
of a notice of recovery. they shall be applied to the following purposes in
their respective order, namely --
(a) first to pay the expenses of the sales;
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- (b)
then to pay the freight or other charges, if any, payable in respect of
goods, if notice of such charges
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has been given to the person holding the goods
in custody;
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(c) then to pay the Government dues; and
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- (d) then to pay the charges due to the person holding such goods in custody.
(2) After making all payments under sub-rule (1), the balance, if any, shall
be paid to the owner of the goods, provided that he applies for it within six
months of the sale of the goods or shows sufficient cause for not doing so.
12. Ruling regarding disputes.--
Except as otherwise expressly provided in the Act or these Rules, any question
arising between the referring authority and the defaulter or their
representatives, relating to the execution of a notice or discharge or
satisfaction of a demand note duly issued under these Rules, or relating to the
confirmation or setting aside by an order under these ,Rules of a sale held in
execution of such notice, shall be determined by the Recovery Officer, before
whom such question arises.
13. Property liable to attachment and sale in execution.--
The following is liable to attachment and sale in execution of a notice, namely:
lands, houses or other buildings, goods, bank notes, Government securities,
bonds or other securities for money, cheques, bill, of exchange, hundies,
promissory notes, shares in corporation and, save as hereinafter mentioned, all
other saleable property, movable or immovable, belonging to the defaulter, or
over which, or the profits of which, he has a disposing power which he may
exercise for his own benefit, whether the same be held in the name of the
defaulter or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to attachment or
sale, namely:-
(i) the necessary wearing apparel, cooking vessels, beds and bedding of the
defaulter, his wife and children,
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and such personal ornaments, as, in accordance
with religious usage, cannot be parted with by any
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women;
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(ii) tools of artisan, and, where the defaulter is an agriculturalist, his
implements of husbandry and such
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cattle and seed grain as may. in opinion of the
Recovery Officer, be necessary to enable him to earn his
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livelihood as such;
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(iii) stipends and gratuities allowed to a pensioner of a Government or
payable out of any service or family
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pension fund notified in the official
Gazette by the Federal Government or the Provincial Government in
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this behalf,
and political pensions;
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(iv) the wages of labourers and domestic servants, whether payable in money or
in kind;
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(v) Salary to the extent of first hundred rupees and one half of the
remainder;
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(vi) all compulsory deposits and other sources in or derived from any fund to
which the Provident Funds Act,
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1925 (XIX of 1925), for the time being applies,
in so far as they are declared by the said Act not to be
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liable to attachment;
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(vii) any allowance forming part of the emoluments of any servant of the
Government or local authority which
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the Federal or Provincial Government may, by
notification in the official Gazette, declare to be exempt
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from attachment, and
any subsistence grant or allowance made to any such servant while under
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suspension;
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(viii) any expectancy of succession by survivor-ship or other merely contingent
or possible right or interest;
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and
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(ix) a right to future maintenance.
14. Objections and investigations, thereof.--
(1) When any objection is raised to the attachment or sale of any property in
execution of a notice, on the ground that such property is not liable to such
attachment or sales, the Recovery Officer shall proceed to investigate into it.
(2) If the Recovery Officer is satisfied that the objection is raised to
delay the proceedings, he shall reject the the objection, summarily.
(3) Pending Investigation, the Recovery Officer may adjourn recovery
proceedings, upon such terms as to security or otherwise as he may deem fit.
(4) The objector shall produce evidence to prove the legitimacy of the
objection, failing which the Recovery Officer shall reject the objection.
15. Removal of attachment on satisfaction of cancellation of a demand note.--
When the Government dues are paid to the Recovery Officer or the demand note is
cancelled, the attachment shall be deemed to be withdrawn and the withdrawal
shall, if the defaulter so desires, be pro-claimed at his expense, and a copy of
the proclamation shall he affixed in the manner provided by these Rules for a
proclamation of sale of immovable property.
16. Officer entitled to attach and sell.--
The attachment and sale of movable and immovable property may be made by such
officer as the Recovery Officer may direct in each case of recovery.
17. Adjournment or stoppage of sale.--
(1) The Recovery Officer may adjourn any sale proceedings to a specified day
and hour, and an officer conducting any sale may adjourn any sale hereunder to a
specified day and hour by recording his reasons for such adjournment.
(2) Every sale shall be stopped if, before the lot is knocked down, the
amount due is tendered to the officer conducting the sale of proof is given to
his satisfaction that the amount has been paid to the Recovery Officer, who
ordered the sale.
18. Defaulter not to interfere with attached property.--
Where a notice has been served on a defaulter under rule 8, the defaulter or his
representative in interest shall not sell, mortgage, charge, lease or otherwise
deal with any property belonging to him except with the permission of the
Recovery Officer.
19. Prohibition against bidding or purchase by officer.--
No officer or other person having any duty to perform in connection with any
sale under these Rules shall, either directly or indirectly, bid for, acquire or
attempt to acquire any interest in the property being sold.
20. Assistance for action.-- (1) An officer authorised to attach or sell any property or charged with any
duty to be performed may take along with him a contingent, of Sales Tax staff
and sepoys, armed or otherwise, for any assistance he may require in the
performance of his duties.
(2) In addition to sub-rule (1), such officer may apply to the officer
incharge of the nearest police station for such assistance as may be necessary
in the discharge of his duties.
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- PART - II
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- ATTACHMENT AND SALE OF MOVABLE PROPERTY
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- 21. Warrant of attachment.-- Where any movable property is to be attached, the Recovery Officer shall furnish
a warrant, in the form prescribed in Annex-VI, to the attachment officer, in
writing and signed with his name along with official seal, specifying therein
the name of the defaulter and the Government dues to be realised.
22. Service of copy of warrant.--
(1) The attachment officer shall cause a copy of the warrant to be served on
defaulter or his agent in person.
(2) If service of a copy of warrant in terms of sub-rule (I) is not
immediately possible, the same shall be considered to be served when affixed on
the notice board in the office of the Recovery Officer.
23. Attachment.--
If, after service of copy of the warrant, the amount is not paid forthwith, the
officer shall proceed to attach the movable property of the defaulter:
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Provided that the standing crops or the agricultural produce lying in the field
or stored in or near the dwelling
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house of the defaulter or stored on the land
owned, leased or cultivated by the defaulter, which represent the
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agricultural
produce of the land owned, leased or cultivated by the defaulter, shall not be
attached.
24. Property attached how to be dealt with.--
(1) Whether the property to be attached is movable property in the procession
of the defaulter or in the procession of any other person on behalf of the
defaulter, the attachment shall be made by actual seizure.
(2) When anything is seized, the attachment officer, as soon as may be,
inform in writing the person from whose possession the things are seized, of the
grounds of such seizure.
25. Search how to be made.--
All searches shall be carried out in accordance with the relevant provisions of
the Code of Criminal Procedure, 1898 (V of 1998).
26. Seizure after search of a building or premises.-- (1) The attachment officer, if he has reasons to believe that any movable
property liable to seizure is hidden, concealed or stored in any building or
premises, he may break open any inner or outer door or window of the building or
premises in order to seize such movable property:
Provided that the officer has notified his authority and intention of breaking
open if admission is not given. He
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shall, however, give all reasonable
opportunity to women to withdraw.
(2) The attachment officer shall, after seizure of moveable property, prepare
an inventory of the property in the presence of two or more persons who shall
witness the process and sign the inventory.
27. Seizure between sunrise and sunset.--
The attachment by seizures shall be made after sunrise and before sunset and not
otherwise.
28. Seizure not to be excessive.--
The attachment by seizure shall not be excessive, that is to say, the property
attached shall be as nearly as possible, proportionate to the recoverable
Government dues.
29. Attachment of movable property which cannot be removed due to certain
reasons.--
Where it is not practicable to seize any movable property, the attachment
officer may serve on the owner of goods or any person holding them in his
possession or charge an order that he shall not remove, part with, or otherwise
deal with the goods except with the previous permission in writing of Recovery
Officer:
Provided that the attachment officer shall inform the Recovery Officer, in
writing, of the reasons due to which
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the movable property could not be seized.
30. Storage of seized movable property.--
(1) All things seized for the purposes of attachment under these Rules shall,
without unnecessary delay, be delivered into the care of the officer of the
Sales Tax authorised to receive the same (***),
unless otherwise specifically provided by the Act or Rules made thereunder.
(2) If there be no such officer at hand, such things shall be carried to and
deposited at the Custom House nearest to the place of seizure.
31. Attachment of negotiable instrument.--
When the property to be attached is a negotiable instrument not deposited in a
court, nor in the custody of a public officer, the attachment shall be made by
actual seizure, and the instrument shall be brought before the Recovery Officer
and held subject to his orders.
32. Attachment of property in custody of public officer.--
When the property to be attached is in the custody of any public officer, the
attachment shall be made by a notice to such officer requesting that such
property and any interest or dividend becoming payable thereon, may be held
subject to the further orders of the Recovery Officer by whom the notice is
issued.
33. Attachment of share in movable property.--
(1) Where the property to be attached consists of an interest of the
defaulter in movable property belonging to him and others as co-owners, the
attachment shall be made by a notice to the defaulter prohibiting him from
transferring such share or interest or subjecting the same to a charge in any
manner.
34. Attachment of property in partnership.--
(1) Where the property be attached consists of an interest of the defaulter,
being a partner, in the partnership property, the Recovery Officer may make an
order charging the share of such partner in the partnership property and
profits, with payment of the amount due under the notice, and may by the same or
subsequent order, appoint a receiver of the share of such partner in the
profits, whether already declared or accruing, and of any other money which may
become due to him in respect of the partnership, and direct maintenance of
accounts and enquiries and make an order for the sale of such interest or may
make such other order as the circumstances of the case may require.
(2) The other partners shall be at liberty at any time to redeem the interest
charged or, in the case of a sale being directed, to purchase the same.
35. Sale.--
(1) The Recovery Officer may direct that any movable property attached under
these Rules or such portion thereof as may seem necessary to satisfy the notice
shall be sold.
(2) The sale shall be made in one or more lots, as the Recovery Officer may
consider desirable and, if the Government dues to be realised by sale are
satisfied by the sale of a portion of the property, the sale shall be only with
respect to that portion of the property and the sale of the remaining property
shall be stopped.
36. Proclamation of sale.--
(1) When any sale of movable property is ordered by the Recovery Officer, he
shall issue a proclamation of the intended sale, specifying therein the time,
place and whether the sales is subject to confirmation or not.
(2) The proclamation shall be made in writing in Urdu, English and language
of the province where sale is intended and shall be publicised by -
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(i) affixing a copy thereof at the notice board in the office of the Recovery
Officer.
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(ii) affixing copy thereof at such places as the Recovery Officer may direct;
and
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(iii) publishing the proclamation in one or more newspapers through
auctioneer appointed udder the Act and
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Rules made thereunder.
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37. Sale after fifteen days.--
Except where the property is perishable or if the expenses of keeping it in
custody is likely to exceed its value, no sale of movable property under these
Rules shall be ordered without the consent, in writing, of the defaulter, until
after the expiry of at least fifteen days from the date on which a copy of
proclamation of sale was affixed in the office of the Recovery Officer.
38. Sale by public auction.-- Sale by public auction shall be governed by the
provisions of Chapter V of Customs Rules, 2001.
39. Sale by tender or sealed bids.--
The Recovery Officer may, if he deems fit, order sale by tender or sealed bids.
40. Preference for the co-owner.--
Where the movable property to be sold is share belonging to the defaulter and
one or more co-owners, and the bid of such co-owner and some other person is the
same, the bid of co-owner shall have preference.
41. Transfer of title.--
On completion of sale proceedings the Recovery Officer shall grant to the
purchaser a certificate specifying therein the property purchased, the price
paid and the name of the purchaser, and the sale shall thereupon become
absolute.
42. Irregularity not to vitiate sale.--
Any error or irregularity in publishing or conducting the sale of movable
property shall not vitiate the sale if the provisions of these Rules have been
substantially complied with.
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43. Negotiable instrument or share in a corporation.-- Notwithstanding anything contained in these Rules, where the property to be sold
is a negotiable instrument or a share in a corporation, the Recovery Officer
may, instead of directing the sale to be made by public auction, authorise the
sale of such instrument or share through a broker.
44. Order for payment of coin or currency notes to the referring
authority.--
Where the property attached is currency coins or currency notes, the Recovery
Officer may, at any time during the continuance of the attachment, direct that
such coins or notes, or part thereof. sufficient to satisfy the demand note, to
be paid over to the referring authority.
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- PART III
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ATTACHMENT AND SALE OF IMMOVABLE PROPERTY
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45. Attachment of immovable property.--
Attachment of the immovable property of the defaulter shall be made, by the
Recovery Officer, by an order prohibiting the defaulter from transferring or
subjecting the property to a charge in any manner and prohibiting all persons
from taking any benefit under such transfer or charge.
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46. Service of order.--
A copy of the order of attachment shall be served on the defaulter in the same
manner as of service of notices laid down in these Rules.
47. Proclamation of attachment.--
The order of attachment shall be proclaimed on or adjacent to the property
attached by affixing a copy of order of attachment at a conspicuous place and a
copy of the same shall also be affixed at the notice board in the office of the
Recovery Officer.
48. Sale and proclamation of sale.--
(1) The Recovery Officer may direct that any immovable property, which has
been attached, or such portion thereof, as tray be necessary to satisfy the
demand note, shall be sold if the amount due is not otherwise recoverable.
(2) Where an immovable property is ordered to be sold, the Recovery Officer
shall cause a proclamation to be made in the same manner as provided in Rule 36
of these Rules.
49. Contents of proclamation of sale.--
(1) A proclamation of sale of immovable property shall be drawn after
proclamation of attachment and shall specify therein the time and place of sale
and also specify--
(i) the location of property to be sold;
(ii) as fairly and accurately as possible, the revenue or rent, if any,
assessed upon the property or any part
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thereof; and
(iii) the Government due for the recovery of which the sale is ordered.
(2) The proclamation may also specify any other thing which the Recovery
Officer considered material for a purchaser to known in order to judge the
nature and value of the property.
50. Time of sale.-- No sale of immovable property under these Rules shall, without consent in
writing of the defaulter, take place until after the expiration of thirty days
from the date on which copy of the proclamation of sale was affixed on the
property or in the office of the Recovery Officer, whichever is later.
51. Sale to be by public auction or tender.-- The sale shall be made by public auction or tender and shall be subject to
confirmation by the Recovery Officer.
52. Deposit by purchaser and re-sale in default.-- (1) On every sale of immovable property, the person declared to be the
purchaser shall pay immediately, after the declaration, a deposit of 25% of the
amount of his purchase money to the officer conducting the sale; and in default
of such deposit the property shall forthwith be re-sold.
(2) The full amount of purchase money payable shall be paid by the purchaser
on or before the fifteenth day from the date of the sale of property.
53. Procedure in default of payment.--
(1) Default of payment within the time mentioned in sub-rule (2) of Rule 52,
deposit made vide sub-rule (1) thereof shall be kept as deposit to be dealt with
as mentioned in rule 54.
(2) The immovable property shall be re-sold and the defaulting purchaser
shall forfeit all claims to the property or to any part of the sum for which it
may be subsequently sold.
54. Amount recoverable from purchaser in default.--
Any deficiency of price which may happen on a resale by reason of a purchaser's
default including all expenses attending such resale, shall be recoverable from
defaulting purchaser upto the maximum of deposit money and if there is any
surplus, after meeting the deficiency, the same shall be refunded to the
defaulting purchaser.
55. Authority to bid.--
All persons bidding at a sale shall be required to declare if they are bidding
on their own behalf, or on behalf of their principals and, in the later case,
they shall be required to deposit their authority, and in default their bid
shall be rejected.
56. Application to set aside sale of immovable property.--
(1) Where immovable property has been sold in execution of a notice, the
defaulter, or any person whose interests are affected by the sale may, at any
time within thirty days from the date of sale, apply to the Recovery Officer to
set aside the sale on his depositing--
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(i) for payment to the referring authority, the Government dues specified in
the proclamation of sale as that
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for the recovery of which sale was ordered with
a surcharge thereon at the rate of ten per cent per
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annum, calculated from the
date of the proclamation of sale to the date when deposit is made; and
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(ii) for payment to purchaser, a sum equal to ten per cent of the purchase
money.
(2) Where a person makes an application under rule 57 for setting aside sale
of his immovable property, he shall not, unless he withdraws that application,
be entitled to make an application under sub-rule (1).
57. Application to set aside sale of immovable property on ground of
non-service of proclamation or irregularity.-- Where immovable property has been sold in execution of a demand note, the
referring authority, the defaulter, or any other person whose interests are
affected by the sale, may, at any time within thirty days from the date of sale,
apply to the Recovery Officer to set aside the sale on the ground that
proclamation of attachment or proclamation of sale was not made in the
prescribed manner and he could not pay the Government dues or on ground of a
material irregularity in publishing or conducting the same:
Provided that -
(i) no sale shall be set aside on any such ground unless the Recovery
Officer is satisfied on the basis of
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evidence produced before him that the
applicant has sustained losses by such reasons; and
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(ii) an application made by defaulter under this Rule shall be disallowed
unless the deposits the amount
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recoverable from him in execution of demand
note.
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- 58. Setting aside of sale where defaulter has no saleable
interest.--
At any time within thirty days of the sale, the purchaser may apply to the
Recovery Officer to set aside the sale on the ground that the defaulter had no
saleable interest in the property sold.
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- 59. Confirmation of sale.-- (1) Where no application is made for setting aside the sale under these Rules
or where such an application is made and disallowed, the Recovery Officer shall,
if the full amount of purchase money is paid, make an order confirming the sale
and there upon the sale shall become absolute.
(2) Where such application, is made and allowed and where, in case of an
application to set aside the sale on deposit of amount and penalty and surcharge
the deposit is made within thirty days of sale, the Recovery Officer shall set
aside the sale:
Provided that no such order shall be made unless notice of the application has
been given to the persons
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affected thereby.
60. Return of purchase money in certain cases.--
Where a sale of immovable property is set aside, any money paid or deposited by
the purchaser on account of the purchase, together with the penalty, if any,
deposited by him, shall be paid to the purchaser.
61. Sale Certificate.-- (1) Where a sale of immovable property has become absolute, the Recovery
Officer shall grant a certificate specifying therein the property sold and the
name of the person who at the time of sale was declared to be the purchaser.
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(2) Such certificate shall state the date on which the sale became absolute.
62. Postponement of sale to enable defaulter to raise amount due under
notice.--
(1) Where an order or proclamation of sale of immovable property has been
made and the defaulter satisfies the Recovery Officer that there are reasons to
believe that amount of the note can be raised by mortgage or lease or private
sale of such property, or some part thereof, or of any other movable or
immovable property, the Recovery Officer may, on the application of the
defaulter, postpone the sale on
such terms and for such period as he thinks proper, to enable defaulter to raise
the amount.
(2) In such case, the Recovery Officer shall grant a certificate to defaulter
authorising him, within a period to be mentioned therein and notwithstanding any
thing contained in these Rules, to make the proposed mortgage, lease or sale:
-
Provided that all money payable under such mortgage, lease or sale shall be paid
not to the defaulter
-
but to the Recovery Officer.
Provided further that no mortgage, lease or sale under this Rule shall become
absolute until it has been
-
confirmed by the Recovery Officer.
-
63. Issue of fresh proclamation before re-sale.-- Every re-sale of immovable property, in default of payment of purchase money
within the period allowed for such payment, shall be made after the issue of a
fresh proclamation in the same manner as provided for the proclamation of sale.
64. Bid of co-owner to have preference.-- Where the property sold is a share of undivided immovable property of two or
more persons, of whom defaulter is a co-sharer and the bid of the co-sharer and
some other person is the same, the bid of the co-sharer shall have preference.
-
PART - IV
-
- APPOINTMENT OF RECEIVER
-
- 65. Appointment of receiver for
business.--
(1) Where the property of defaulter consist of a running business, the
Recovery Officer may attach the business and appoint a person as receiver to
manage the business.
(2) Attachment of a business under this Rule shall be made by an order
prohibiting the defaulter from transferring or subjecting the business to a
charge in any manner and prohibiting all persons from taking any benefit under
such transfer or charge and intimating that the business has been attached under
this Rule.
(3) Proclamation of attachment under this Rule shall be made in the same
manner as provided for proclamation of sale under Rule 36 of these Rules.
(4) Where the Recovery Officer so directs, such order shall also be published
in newspaper.
66. Appointment of receiver for immovable property.-- Where immovable property is attached, the Recovery Officer may, instead of
directing a sale of the property, appoint a person as receiver to manage such
property.
67. Qualification for receiver.-- (1) Any person from general public can be appointed as receiver upon having
sufficient knowledge of the kind of business or the property for which he is to
be appointed as receiver.
(2) Notwithstanding anything contained in sub-rule (1), any officer of
Customs, Central Excise or Sales Tax, not below the rank of Principal Appraiser
or Superintendent or Senior Auditor, may be appointed as receiver of the attached business and
property.
68. Manner of working of receiver.-- (1) Where it appears to the Recovery Officer to be just and convenient, he
may order to:-
-
-
(i) remove any person from the possession or custody of an attached business
or property:
-
(ii) commit the same to the possession, custody or management of the
receiver; and
-
- (iii)
confer upon the receiver all such powers, as to bringing and defending
suits and for the realisation,
-
management, protection, preservation and
improvement of the property, the collection of the rents and
-
profits thereof,
the application and disposal of such rents and profits, and the execution of
documents as
-
the owner himself has or such of those powers as the Recovery
Officer thinks fit:
-
Provided that nothing in this rule shall authorise the Recovery Officer to
remove from the possession
-
or custody of business or property any person whom
any party to the recovery proceedings has not a
-
right to remove.
(2) The Recovery Officer may, by general or special order, fix the amount to
be paid as remuneration for the services of the receiver but a Government
officer appointed as receiver shall not be entitled to such remuneration.
(3) Every receiver appointed by the Recovery Officer, except Government
officers, shall --
-
-
(i) furnish such security, if any, as the Recovery Officer deems fit, to
account duly for what he shall receive
-
in respect of the business or property;
-
-
(ii) submit his accounts as such periods and in such forms as the Recovery
Officer directs;
(iii) pay the amount due from him as the Recovery Officer directs; and
-
(iv) be responsible for any loss occasioned to the business or property by
his willful default or gross
-
negligence:
Provided that the Government officer appointed as receiver shall furnish all
such information as
-
desired by the Recovery Officer regarding the progress of
recovery alongwith accounts of proceeds
-
after such intervals as prescribed by
the Recovery Officer.
(4) The profits or rents and profits of such business or property shall,
after deducting the expenses of management, be adjusted towards discharge of the
Government dues and the balance, if any, shall be paid to the defaulter.
69. Withdrawal of management.-- The attachment and management under above rules may be withdrawn at any time at
the discretion of the Recovery Officer, or if the Government dues are realised
by receipt of such profits and rent or are otherwise paid.
-
- PART - V
-
MISCELLANEOUS
-
- 70. Offences and
penalties.- (1) All cases relating to confiscation of goods or imposition of penalty with
reference to operation of these rules shall be adjudicated under Chapter VIII of
the Act.
71. Continuance of proceedings.-- (1) No proceedings shall cease to be in force by reason of the death of the
defaulter.
-
(2) If, at any time before or after the issue of a demand note to the
Recovery Officer, the defaulter dies, the proceedings under these Rules may be
continued against the legal heirs of the defaulter, who shall be liable to pay,
out of the properties left by the deceased defaulter to the extent to which the
properties are capable of meeting the outstanding Government dues, and
provisions of these Rules shall apply as if the legal heirs were the defaulter.
-
-
72. Omitted.
73. Recovery from surety.-- When any person has, under these Rules become surety for the amount due by the
defaulter he may be proceeded against under these Rules as if he were the
defaulter.
74. Receipt to be given.--
If any amount is received by any officer or other person in pursuance of these
Rules, he shall issue receipt of the amount so received.
75. Delivery of property in occupancy of defaulter.-- Where the immovable property sold is in the occupancy of the defaulter, or of
some person on his behalf or of some person claiming under a title created by
the defaulter subsequent to the attachment of such property and a certificate in
respect thereof has been granted under rule 61, the Recovery Officer shall, on
the application of the purchaser, order delivery to be made by putting such
purchaser or any person whom he may appoint to receive such delivery on his
behalf, in possession of the property, and, if need be, by removing any person
who refuses to vacate the same.
76. Delivery of property in occupancy of tenant.-- Where the immovable property sold is in the occupancy of a tenant or other
person entitled to occupy the same and a certificate in respect thereof has been
granted under Rule 61, the Recovery Officer shall, on the application of the
purchaser, order delivery to be made by affixing a copy of the certificate of
sale at some conspicuous place on the property, and proclaiming to the occupant
that. the interest of the defaulter has been transferred to the purchaser.
77. Resistance or obstruction by defaulter.-- Where the Recovery Officer is satisfied that resistance or obstruction was
occasioned without any just cause by the defaulter or by any person at his
instigation, he shall direct that the applicant be put into the possession of
the property, and where the applicant is still resisted or obstructed obtaining
possession, the Recovery Officer may also, at the instance of the applicant,
order the use of force.
-
- 78. Resistance or obstruction by a bonafide
claimant.-- Where the Recovery Officer is satisfied that the resistance or obstruction was
occasioned by any person other than the defaulter, claiming in good faith to be
in possession of the property on his own account or on account of some person
other than the defaulter, the Recovery Officer shall make an order dismissing
the application.
79. Dispossession by certificate holder or purchaser.-- (1) Where any person other than defaulter is dispossessed of immovable
property by the holder of a certificate, issued under rule 61, for the
possession of such property or where such property has been sold in execution of
demand note, by the purchaser thereof, he may make an application to the
Recovery Officer, complaining of such dispossession.
(2) The Recovery Officer shall fix a day for investigating the matter and
shall summon the party against whom the application is made to appear and answer
the same.
80. Bonafide claimant to be restored to possession.-- When the Recovery Officer is satisfied that the applicant was in the possession
of the property on his own account or on account of some person other than
defaulter. he shall direct that the applicant be put into possession of the
property.
81. Rules not applicable to transferee lit pandate.-- Nothing in Rules 78 and 79 shall apply to resistance or obstruction in execution
of a certificate for the possession of a property by a person to whom the
defaulter has transferred the property after the institution of proceedings in
which the order was passed or to the dispossession of any such person.
82. Delivery of moveable property, debts and share.-- (1) Where the property sold is moveable property of which actual seizure has
been made, it shall be delivered to the purchaser.
(2) Where the property sold is moveable property in the possession of some
person other than the defaulter, the delivery thereof to the purchaser shall be
made by giving notice to the person in possession prohibiting him from
delivering possession of the property to any person except the purchaser.
(3) Where the property sold is a debt not secured by a negotiable instrument
or is a share in a corporation, the delivery thereof shall be made by a written
order of the Recovery Officer prohibiting the creditor from receiving the debt
or any interest thereon, and the debtor from making payment thereof to any one
except the purchaser, or prohibiting the person in whose name the share may be
standing from making any transfer of the share to any person except the
purchaser, or receiving payment of any dividend or interest thereon, and the
manager, secretary, or other proper officer of the co-operation from permitting
any such transfer or making any such payment to any person except the purchaser.
83. Execution of documents and endorsement of negotiable instruments.-
Where any endorsement or execution of documents is required to transfer a
negotiable instrument or any share to purchaser under these Rules, such document
shall be executed or endorsement shall be made by the Recovery Officer.
84. Form.-- Any notice, proclamation, certificate or order to be issued under these Rules
shall be in such Form as the Central Board of Revenue may, from time to time,
prescribe. In case the Central Board of Revenue has not prescribed any of such
Forms, it shall be in such form as adopted by the Recovery Officer.
-
Annex-I
-
(See rule 6)
-
FORM OF DEMAND NOTE
-
-
C.No...............................
Dated........................
-
-
SUBJECT:___________________________________
-
-
REFERENCE:________________________________
-
-
(e.g. Order in Original No. Bank Guarantee No. Insurance Guarantee No. etc.)
-
-
WHEREAS a sum of Rs................
(Rupees........................................................... only), as Government dues
is outstanding and needs to be recovered from the following;
-
M/s
.........................................................................................
-
Address
...................................................................................
-
Phone No
................................................................................
-
Sales Tax
................................................................................
-
Registration No
........................................................................
-
N.T.N. No
................................................................................
-
CI & E'S Import/Export Reg.
No..................................................
-
Known properties
......................................................................
-
- 2. The above mentioned Government dues are on account of Sales Tax and other
levies under the Sales Tax Act, 1990. It is certified that all other formalities
under the Act and rules made thereunder have been completed as follows, and
there exists no bar or stay order against recovery:
(a)
Action taken under clause (a) of sub section 48 of the Sales
Tax.......................
(b) Action taken under clause (b) of sub section 48 of the Sales
Tax.......................
(c) Action taken under clause (c) (ca)
of sub section 48 of the Sales
Tax.......................
(d) Action taken under clause (d) of sub section 48 of the Sales
Tax.......................
You are, therefore, requested to recover the above mentioned Government dues in
terms of section 48 of the Sales Tax, 1990 and rules made thereunder. The
Government dues may be remitted to the undersigned as soon as the same are
recovered.
Referring Authority
-
-
(Name)
Assistant Collector of Sales Tax
Seal ........................
To,
The Sales Tax Recovery Officer,
...........................................
...........................................
-
-
SCHEDULE
-
- _________________________________________________________________________________
- Description
Amount
- _________________________________________________________________________________
1. Serial No.
-
2. File No.
-
3. Central Excise Duty
Rs............ (Rupees ........................ only)
-
4. Sales Tax
Rs............ (Rupees ........................ only)
-
5. Additional Sales Tax
Rs............ (Rupees ........................ only)
-
6. Surcharge
Rs............ (Rupees ........................ only)
-
7. Customs duty
Rs............ (Rupees ........................ only)
-
8. Fines
Rs............ (Rupees ........................ only)
-
9. Penalties
Rs............ (Rupees ........................ only)
-
10. Personal penalty
Rs............ (Rupees ........................ only)
-
11. Penal Surcharge
Rs............ (Rupees ........................ only)
-
12. Licence Fee
Rs............ (Rupees ........................ only)
-
13. Income Tax
Rs............ (Rupees ........................ only)
-
14. Others
Rs............ (Rupees ........................ only)
-
(i)
Rs............ (Rupees ........................ only)
-
(ii)
Rs............ (Rupees ........................ only)
-
(iii)
Rs............ (Rupees ........................ only)
-
(iv)
Rs............ (Rupees ........................ only)
Total ...........................................................
-
-
Annex-II
-
(See rule 8)
-
- FORM OF MASTER REGISTER
-
- 1. Sr.
No..............................................................................................................
2. Defaulters Name, address and phone
No.............................................................
........................................................................................................................
3. Referring
authority.............................................................................................
4. (i) No. and date of issue and date of receipt demand
note.....................................
-
-
.......................................................................................................................
-
- (ii) Reference Nos..............................................................................................
5. Details of Government
dues...................................................................................
(i) Central Excise Duty Rs............ (Rupees ........................ only)
- (ii) Sales Tax
Rs............ (Rupees ........................ only)
-
(iii) Additional Sales Tax Rs............ (Rupees ........................ only)
-
(iv) Surcharge
Rs............ (Rupees ........................ only)
-
(v) Customs duty
Rs............ (Rupees ........................ only)
-
(vi) Fines
Rs............ (Rupees ........................ only)
-
(vii) Penalties
Rs............ (Rupees ........................ only)
-
(viii) Personal penalty Rs............ (Rupees ........................ only)
-
(ix) Penal Surcharge
Rs............ (Rupees ........................ only)
-
(x) Licence Fee
Rs............ (Rupees ........................ only)
-
(xi) Income Tax
Rs............ (Rupees ........................ only)
-
(xii) Others (i)
Rs............ (Rupees ........................ only)
-
(ii)
Rs............ (Rupees
........................ only)
-
(iii)
Rs............
(Rupees ........................ only)
-
(iv)
Rs............
(Rupees ........................ only)
-
Total (xii)
..........................................................................................
6. Date of issue of notice under rule 4
........................................................................
7. Date of issue of notice under rule 5
........................................................................
8. Date of issue of notice and action taken under rule 7
...............................................
9. Known properties of the defaulter.
-
- (i) Movable
.......................................................................................................
-
(ii) Immovable
....................................................................................................
10. Name and designation of attachment officer
...........................................................
11. Details of movable properties
attached....................................................................
(i)
..........................................................................................................
(ii)
...........................................................................................................
(iii)
...........................................................................................................
-
- 12. Date of proclamation of attachment of immovable
properties........................................
-
- 13. Details of immovable properties attached.
(i)
....................................................................................
(ii)
...................................................................................
(iii)
..................................................................................
-
- 14. Date of appointment of receiver, name of receiver and details of business or
properties.
(i)
.....................................................................................
(ii)
.....................................................................................
-
- 15. Date of sales of properties and their details
......................................................................................................................
......................................................................................................................
-
-
16. Amount of sale proceed or amount of profits alongwith mode of receipt.
......................................................................................................................
......................................................................................................................
17. Disposal of sale proceeds
......................................................................................................................
......................................................................................................................
18. Date of recovery and details of Government dues shown in column recovered
alongwith the manner of recovery alongwith the manner of recovery.
-
-
Annex-III
-
(See rule 4(3))
-
- FORM OF NOTICE TO SALES TAX, CUSTOMS AND CENTRAL EXCISE AUTHORITIES
-
-
C.No.................................
Dated...........................
SUBJECT :
.............................................................................................................
WHEREAS, Government dues amounting to Rs ....................... (Rupees
.................................. only), are outstanding against M/s
................................................ Sales Tax Registration No .
...................................... (Name and Complete Address) Which they
have failed to pay so far.
2. Now, THEREFORE, in exercise of the powers conferred by clause (a) of sub
section (1) of section 48 of the Sales Tax Act, 1990, I do hereby require,
Customs, Central Excise, Sales Tax and Income Tax Authorities that with
immediate effect and till further orders ..........
(a) to deduct the aforesaid amount from any money owing to the said M/s which
may be under the control
-
of respective authorities; and
-
-
(b) the Government dues so recovered should be sent to the undersigned
immediately.
-
-
-
Referring Authority
-
-
-
(Name)
-
-
Assistant Collector of Sales Tax
............................................
Seal......................................
To,
(i)
M/s.......................................................................................
(defaulter).
(ii) M/s........................................................ (clearing
agent or representative).
(iii)
................................................................................
All other concerned.
Annex-IV
-
(Sec rule 5)
- FORM OF NOTICE OF RECOVERY
-
-
C.No.......................................
Dated......................
SUBJECT:- Notice for Recovery under section 48 of the Sales Tax Act, 1990.
WHEREAS, Government dues amounting to Rs ......................... (Rupees
............................ only), are recoverable from you
(M/s...............................................) on account of
........................................
2. AND WHEREAS, you have failed to deposit the above said Government dues
recoverable from you and it is believed that the outstanding Government dues
cannot be recovered from you in the manner so far followed;
3. Now, THEREFORE, you (M/s
...................................................................) are hereby
served with this notice in terms of section 48 of the Sales Tax Act, 1990 to pay
the amount within fifteen days from the date of service of this notice, failing
which following proceedings under section 48 of the Sales Tax Act, 1990 will be
initiated without any further notice: -
Removal of goods from your business premises shall be stopped and the business
premises sealed after
-
fifteen days of issue of this notice till such time the
amount of tax is paid or recovered in full.
4. You
(M/s...........................................................................................................
) are also directed not to directly or indirectly, sell, mortgage, charge, lease
or otherwise deal with all movable and immovable property belonging to you
except with the permission of the undersigned.
Referring Authority
(Name)
-
Assistant Collector of Sales Tax
............................................
Seal......................................
To,
(i)
M/s.......................................................................................
(defaulter).
(ii) M/s........................................................ (clearing
agent or representative).
(iii)
................................................................................
All other concerned.
-
- ----------------------------------------------------------------------------------------------------------------------------------------
-
Annex-V
-
See (Rule 7))
-
- FORM OF NOTICE RECOVERY AND ATTACHMENT
-
- Subject: Notice for recovery under Section 48 of the Sales Tax Act, 1990.
WHEREAS, Government dues amounting to Rs.........................
(Rupees............................. ...................................only)
are recoverable from
M/s............................................................
on account of
......................................................................................................................
2. AND, WHEREAS, you have failed to deposit the above said Government dues
recoverable from you and no recovery could be made in terms of Section 48 of the
Sales Tax Act, 1990.
3. AND WHEREAS, it is believed that the outstanding Government dues cannot
be recovered from you in the manner so far followed.
4. NOW, THEREFORE, you (M/s . ................................ ) are hereby
served with this notice in terms of Section 48 of the Sales Tax Act, 1990 to pay
the amount within fifteen days from the date of service of this notice, failing
which following proceedings under Section 48 of the Sales Tax Act, 1990 and the
rules made thereunder shall be initiated without any further notice:-
(a) attachment and sale of moveable and immovable property; and
(b) appointment of receiver for the management of the movable or immovable
property.
5. You
(M/s....................................................................................
) are also directed not to directly or indirectly, sell, mortgage, charge, lease
or otherwise deal with all movable and immovable property belonging to you
except with permission of the undersigned.
6. You (M/s
....................................................................................
) are also informed that all your movable and immovable properties shall stand
attached on the expiry of 15 days of the service of this notice.
-
7. Such attached properties can be seized/sold under Sales Tax Recovery
Rules, 1992 (SRO 1178(I)/92, dated 23rd November, 1992 or a receiver can be
appointed to manage them. To avoid such a situation it shall be in your own
interest to pay the Government dues within fifteen days from the date of service
of this Notice.
Name:
Sales Tax Recovery Officer
-
-
Seal ....................................
-
- To,
-
(1) M/s...................................
...................................
...................................
-
(2) M/s................................... (Agent)
...................................
..................................
-
(3) M/s .................................. (other concerned)
..................................
..................................
-
- ---------------------------------------------------------------------------------------------
-
-
Annex-VI
-
(See Rule 21)
-
- FORM OF WARRANT OF ATTACHMENT
-
-
-
C. No...............................
Date ...............................
Subject:
__________________________________________
WHEREAS Mr. .................................................... (Designation)
............................ has been appointed as attachment officer in terms
of Sales Tax Recovery Rules, 1992 to attach the movable properties of
M/s............................................. for the recovery of outstanding
Government dues amounting to Rs.................. (Rupees.......................
only), recoverable from the above mentioned defaulter.
THEREFORE, Mr. .......................................................
(Designation)................................ is hereby directed to seize the
movable properties belonging to the defaulter while observing the provisions of
the Sales Tax Recovery Rules, 1992 save exceptions as provided under the above
said rules. He is, also, directed to report to the undersigned about the
completion of attachment formalities as soon as these are completed.
-
-
-
Name:
-
Sales Tax Recovery Officer
..................................................
-
..................................................
-
Seal ..............................................
To,
(i) The Attachment Officer
- ..................................................
-
- ..................................................
alongwith a copy to be seined on the defaulter or his agent.
(ii) Notice Board.