416.(1) Where no certificate has been drawn up under section 413, the Assessing
Officer may recover the tax by any one or more of the modes provided in this section.
(2)Where a certificate has been drawn up under section 413, the Tax Recovery
Officer may, without prejudice to the modes of recovery specified in that section,
recover the tax by any one or more of the modes provided inthis section.
(3) If any assessee is in receipt of any income chargeable under the head
“Salaries”, the Assessing Officer or Tax Recovery Officer may require any person
paying the same to deduct from any payment subsequent to the date of such
requisition any arrears of tax due from such assessee and such person shall comply
with the said requisition and shall pay the sum so deducted to the credit of the
Central Government or as the Board directs.
(4)Nothing contained in sub-section (3) shall apply to any part of the salary
exempted from attachment in execution of a decree of a civil court under section 60
of the Code of Civil Procedure, 1908.
(5)(a) The Assessing Officer or Tax Recovery Officer may, at any time or
from time to time, by notice in writing require any person—
(i)from whom money is due or may become due to the assessee; or
(ii)who holds or may subsequently hold money for or on account of the
assessee,
to pay to the Assessing Officer or Tax Recovery Officer—
(I)either forthwith upon the money becoming due or being held; or
(II)at or within the time specified in the notice (not being before the
money becomes due or is held),
so much of the money as is sufficient to pay the amount due by the assessee in respect
of arrears or the whole of the money when it is equal to or less than that amount.
(b)A notice under this sub-section may be issued to any person who holds or
may subsequently hold any money for or on account of the assessee jointly with any
other person.
(c)For the purposes of thissub-section, the shares of the joint holders in the
account, as referred in clause (b), shall be presumed, until the contrary is proved, to
be equal.
(d)A copy of the notice under this sub-section shall be forwarded to—
(i)the assessee; and
(ii)in the case of a joint account to all the joint holders,
at his or their last addresses known to the Assessing Officer or Tax Recovery
Officer.
(e)Save as otherwise provided in this sub-section, every person to whom a
notice is issued under that sub-section shall be bound to comply with such notice,
and, in particular, where any such notice is issued to a post office, banking company
or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or
any other document to be produced for the purpose of any entry, endorsement or the
like being made before payment is made, irrespective of any rule, practice or
requirement to the contrary. (f)Any claim respecting any property in relation to which a notice underthis
sub-section has been issued arising after the date of the notice shall be void as
against any demand contained in the notice.
(g)Where a person,to whom a notice under thissub-section is issued, objects
to it by a statement on oath that—
(a)the sum demanded or any part thereof is not due to the assessee; or
(b)he does not hold any money for or on account of the assessee,
then nothing contained in that sub-section shall be deemed to require such person to
pay any such sum or part thereof.
(h)Where it is discovered that the statementgiven by a personunder clause (g)
was false in any material particular, such person shall be personally liable to the
Assessing Officer or Tax Recovery Officer to the extent of his own liability to the
assessee on the date of the notice, or to the extent of the assessee’s liability for any sum
due under this Act, whichever is less.
(i)The Assessing Officer or Tax Recovery Officer may, at any time or from
time to time, amend or revoke any notice issued under thissub-section or extend the
time for making any payment in pursuance of a notice issued under the said
sub-section.
(j)The Assessing Officer or Tax Recovery Officer shall grant a receipt for any
amount paid in compliance with a notice issued under this sub-section, and the
person so paying shall be fully discharged from his liability to the assessee to the
extent of the amount so paid.
(k)Any person discharging any liability to the assessee after receipt of a notice
underthissub-sectionshall be personally liable to the Assessing Officer ortheTax
Recovery Officer—
(i)to the extent of his own liability to the assessee so discharged; or
(ii)to the extent of the assessee’s liability for any sum due under this Act,
whichever is less.
(l)If the person to whom a notice under thissub-section is issued fails to make
payment in pursuance thereof to the Assessing Officer or Tax Recovery Officer,—
(i)he shall be deemed to be an assessee in default in respect of the
amount specified in the notice and further proceedings may be taken against
him for the realisation of the amount as if it were an arrear of tax due from
him, in the manner provided in sections 413to 415; and
(ii)the notice shall have the same effect as an attachmentof a debt by
the Tax Recovery Officer in exercise ofhis powers under section 413.
(6)The Assessing Officer or Tax Recovery Officer may apply to the court in
whose custody there is money belonging to the assessee—
(a)for payment to him of the entire amount of such money;or
(b)if it is more than the tax due, an amount sufficient to discharge the tax.
(7)The Assessing Officer or Tax Recovery Officer may, if so authorised by
anincome-tax authority not below the rank of Commissioner by general or special
order, recover any arrears of tax due from an assessee by distraint and sale of his
movable property in the manner asmay beprescribed.
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