|
27.
Transfers
to defraud revenue void and Provisional Attachment of Property
(1)
Where during the pendency of any proceedings under the Act, or after the
completion thereof, any VAT dealer or TOT dealer or any other dealer creates a
charge on, or parts with the possession by way of sale, mortgage, gift, exchange
or any other mode of transfer whatsoever, or any of his assets in favour of any
other person such charge or transfer shall be void unless he proves that such
charge or transfer was not with the intention to defraud any tax or any other
sum payable.
(2)
(a) where, during the pendency of any proceeding for the assessment or
reassessment of any tax or turnover tax which has escaped assessment, the
authority prescribed is of the opinion that for the purpose of protecting the
interests of the revenue it is necessary so to do, may with the previous
approval of the Commissioner, by order in writing, attach provisionally in the
prescribed manner any property belonging to the dealer;
(b)
every such provisional attachment shall cease to have effect after the expiry of
a period of six months from the date of the order made under clause (a):
Provided
that the Commissioner may, for reasons to be recorded in writing, extend the
aforesaid period by such further period or periods as he thinks fit, so,
however, that the total period of extension shall not in any case exceed two
years.
|