Section 46 of the Act of 1922 lays down the mode and time of recovery of incometax and two sub sections of this section are material, namely, subsections (1) and (5A) which read as follows: "(1) When an assessee is in default in making a payment of income tax, the Income tax Officer may in his discretion direct that, in addition to the amount of the arrears, a sum not exceeding that amount shall be recovered from the assessee by way of penalty." and "(5A) The Income tax Officer may at any time or from time to time, by notice in writ ing (a copy of which shall be forwarded to the assessee at his last address known to the Income tax Officer) require any person from whom money is due or may become due to the assessee or any person who holds or may subse quentiy hold money for or on account of the assessee to pay to the Income tax Officer, either forthwith upon the money becoming due or being held or at or within the time speci fied 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 taxpayer in respect of arrears of income tax and penalty or the whole of the money when it is equal to or less than that amount.