Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

sec 281

Ashish Mittal (Service) (78 Points)

19 July 2010

Can u elaborate sec.281 of income tax act.........

Reply
Follow
Share

2 Replies

Harpreet (* * * * * *) (1670 Points)
Replied 19 July 2010

Section 281
CERTAIN TRANSFERS TO BE VOID.

(1) Where, during the pendency of any proceedings under this Act or after the completion thereof, but before the service of notice under rule 2 of the Second Schedule, any assessee creates a charge on, or parts with the possession (by way of sale, mortgage, gift, exchange or any other mode of transfer whatsoever) of, any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the assessee as a result of the completion of the said proceeding or otherwise :

Provided that such charge or transfer shall not be void if it is made - (i) For adequate consideration and without notice of the pendency of such proceeding or, as the case may be, without notice of such tax or other sum payable by the assessee; or

(ii) With the previous permission of the Assessing Officer.

(2) This section applies to cases where the amount of tax or other sum payable or likely to be payable exceeds five thousand rupees and the assets charged or transferred exceed ten thousand rupees in value.

Explanation : In this section, "assets" means land, building, machinery, plant, shares, securities and fixed deposits in banks, to the extent to which any of the assets aforesaid does not form part of the stock-in-trade of the business of the assessee.

Related Judgements

SANCHETI LEASING COMANY LTD. v. INCOME-TAX OFFICER & ANR. (C. BALAN v. ITO.)

Upgrade to CAclubindia Pro. Subscribe Now!

Ashish Mittal (Service) (78 Points)
Replied 19 July 2010

If the assessing officer attaches any property for tax under dispute, under se 281 and publicize the information of attachment to sub registrar and to others , what remedy does the assessee have...