Case challenging tax recorvery officer's order

Querist : Anonymous (Querist) 04 September 2011 This query is : Resolved
TAX recovery officer attached some properties of the husband and wife. Now husband and wife got divorced. Whether wife can seek release of the property in her name? What is the procedure?

Follow Query

Report Abuse

A V Vishal (Expert) 04 September 2011
Your query is with incomplete details. Give factual position of the case if you want to seek better advise.

Raj Kumar Makkad (Expert) 04 September 2011
She may make representation along-with divorce decree and pray to executing officer to release her properties as the tax liability was only of her previous husband.

Querist : Anonymous (Querist) 04 September 2011
Husband and wife live together. Some properties in the husband's name, some are jointly held and some in the wife's name.

IT Raid. Property attached.

Some properties auctioned. Some properties still under attachment.

Divorced recently. Wife wants to release the properties standing in her name, at least one for her livelihood.

The IT is holding the properties more than the value of the IT demand.

Under the circumstances, what shall be procedure adopted against the TRO.

A V Vishal (Expert) 04 September 2011
Who is the defaulter, husband or the wife and is the wife a tax assessee

Raj Kumar Makkad (Expert) 05 September 2011
As the default is from the husband side and is liable to pay so divorced wife has every right to get release of properties standing in her name.