Income Tax Act, 1961
Section 7: Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 12013).
7. Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 12013).
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(2) Where such application is made and allowed, and where, in the case of an application made to set
aside the sale on deposit of the amount and penalty and charges, the deposit is made within thirty days
from the date of the sale, the Tax Recovery Officer shall make an order setting aside the sale:
Provided that no order shall be made unless notice of the application has been given to the persons
affected thereby.
64. 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 for payment to the purchaser, and such interest as the Tax Recovery Officer may allow,
shall be paid to the purchaser.
65. Sale certificate.—(1) Where a sale of immovable property has become absolute, the Tax
Recovery Officer shall grant a certificate specifying the property sold, and the name of the person who at
the time of sale is declared to be the purchaser.
(2) Such certificate shall state the date on which the sale became absolute.
66. Postponement of sale to enable defaulter to raise amount due under certificate.—(1) Where
an order for the sale of immovable property has been made, if the defaulter can satisfy the Tax Recovery
Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or
lease or private sale of such property, or some part thereof, or of any other immovable property of the
defaulter, the Tax Recovery Officer may, on his application, postpone the sale of the property comprised
in the order for sale, on such terms, and for such period as he thinks proper, to enable him to raise the
amount.
(2) In such case, the Tax Recovery Officer shall grant a certificate to the defaulter, authorising him,
within a period to be mentioned therein, and notwithstanding anything contained in this Schedule, to
make the proposed mortgage, lease or sale:
Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the
defaulter, but to the Tax Recovery Officer:
Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been
confirmed by the Tax Recovery Officer.
67. Fresh proclamation before re-sale.—Every re-sale of immovable property, in default of
payment of the purchase money within the period allowed for such payment, shall be made after the issue
of a fresh proclamation in the manner and for the period hereinbefore provided for the sale.
68. Bid of co-sharer to have preference.—Where the property sold is a share of undivided
immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum
for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.
1[68A. Acceptance of property in satisfaction of amount due from the defaulter.—(1) Without
prejudice to the provisions contained in this Part, an 2[Assessing Officer], duly authorised by the
3[4[Principal Chief Commissioner or Chief Commissioner] or 5[Principal Commissioner or
Commissioner]] in this behalf, may accept in satisfaction of the whole or any part of the amount due from
he defaulter the property, the sale of which has been postponed for the reason mentioned in sub-rule (1) of
rule 59, at such price as may be agreed upon between the 2[Assessing Officer] and the defaulter.
Where such application is made and allowed, and where, in the case of an application made to set
aside the sale on deposit of the amount and penalty and charges, the deposit is made within thirty days
from the date of the sale, the Tax Recovery Officer shall make an order setting aside the sale:
Provided that no order shall be made unless notice of the application has been given to the persons
affected thereby.
64. 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 for payment to the purchaser, and such interest as the Tax Recovery Officer may allow,
shall be paid to the purchaser.
65. Sale certificate.—
Where a sale of immovable property has become absolute, the Tax
Recovery Officer shall grant a certificate specifying the property sold, and the name of the person who at
the time of sale is declared to be the purchaser.
Such certificate shall state the date on which the sale became absolute.
66. Postponement of sale to enable defaulter to raise amount due under certificate.—
Where
an order for the sale of immovable property has been made, if the defaulter can satisfy the Tax Recovery
Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or
lease or private sale of such property, or some part thereof, or of any other immovable property of the
defaulter, the Tax Recovery Officer may, on his application, postpone the sale of the property comprised
in the order for sale, on such terms, and for such period as he thinks proper, to enable him to raise the
amount.
In such case, the Tax Recovery Officer shall grant a certificate to the defaulter, authorising him,
within a period to be mentioned therein, and notwithstanding anything contained in this Schedule, to
make the proposed mortgage, lease or sale:
Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the
defaulter, but to the Tax Recovery Officer:
Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been
confirmed by the Tax Recovery Officer.
67. Fresh proclamation before re-sale.—Every re-sale of immovable property, in default of
payment of the purchase money within the period allowed for such payment, shall be made after the issue
of a fresh proclamation in the manner and for the period hereinbefore provided for the sale.
68. Bid of co-sharer to have preference.—Where the property sold is a share of undivided
immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum
for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.
1[68A. Acceptance of property in satisfaction of amount due from the defaulter.—
Without
prejudice to the provisions contained in this Part, an 2[Assessing Officer], duly authorised by the
3[4[Principal Chief Commissioner or Chief Commissioner] or 5[Principal Commissioner or
Commissioner]] in this behalf, may accept in satisfaction of the whole or any part of the amount due from
he defaulter the property, the sale of which has been postponed for the reason mentioned in sub-rule
of
rule 59, at such price as may be agreed upon between the 2[Assessing Officer] and the defaulter.