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About Income Tax

(Querist) 07 March 2009 This query is : Resolved 
Where property has been purchased by the father in the name of his minor son, recoery of tax due from the father can be effected by attachment of the property standing in minor's name.
adv. rajeev ( rajoo ) (Expert) 07 March 2009
son,s property can be attached to recover the due
adv. rajeev ( rajoo ) (Expert) 07 March 2009
sorry. Minor's property cannot be attached. thru., oversight I gave the wrong reply that son's property can be attached.
B.B.R.Goud. (Expert) 07 March 2009
no. the minor property can't be attached to recover the due, where there is no malafide intention.
Ashok Kumar Garg (Expert) 07 March 2009
There should not be any confusion in the matter.
If the property was purchased by father in the name of minor son out of 'father's' fund, the tax department can recover from the property. It is so because in effect the minor son was only benamidar of father and property actually belonged to father only.

In this context, please also refer to section 281 of the Income-tax Act , wherein the details as to when the property was purchased and when the tax liability was actually raised are important points. This section is additional weapon in the the hands of the department.

Ashok Garg
As per me attachment is not valid.the amount should not be transfered by his own, for without consideration. in case if tax recovery officer tries do it. as per explation under sec 222(1). It is also decided in the Samson John Vs Tax recovery officer[2008] 300 ITR 188(Bom).
A. A. JOSE (Expert) 09 March 2009
I am in agreement with Mr.AK Garg.

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