Time barred claim
Ravi Iyer
(Querist) 18 November 2014
This query is : Resolved
The Income Tax department placed a lien on my home in Mumbai back in 1994. Is this lien still in force in 2014 or is it time barred. Thank you for your help.
R.K Nanda
(Expert) 18 November 2014
consult tax lawyer.
Anirudh
(Expert) 18 November 2014
There is no time bar once a lien has been placed. The property is in whose possession? Whether the Income Tax Demand has been settled? Is there any court case still pending relating to tax demand? Come out with details.
Rajendra K Goyal
(Expert) 18 November 2014
Author reply the questions from expert.
Ravi Iyer
(Querist) 18 November 2014
Thank you for clarifying that there is no time bar once a lien has been placed. That answers my question and it can now be closed.
c.p.s. ramachary
(Expert) 19 November 2014
The word "Lien" is not applicable to immovable peoperties. Perhaps you are in arrears of income tax dues in 1994. Therefore a charge is created by operation of law against your home. There is no time bar to recover the arrears of tax dues.The question of time bar arises if the Income tax department wants to go to court. But income tax department does not go to court of law to recover the same. The Tax Officer can attach your home under Income Tax Certificate Proceedings Rules.You may ascertain from the Income Tax Department about the status of recovery action. Pay the tax arrears to avoid attachment and sale of your home.
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
You may follow the advise rendered by expert Mr. Ramachary which is found to be more suitable to your case.
