Choksi Texlen Pvt. Ltd. Vs State of Gujarat

Date: October 18, 2019

Court: High Court
Bench: Gujarat
Type: Special Civil Application
Judge(s)/Member(s): HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
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Subject Matter

Tax Recovery Officers can attach only those properties in possession of the assessee in his own right

Summary

The Tax Recovery Officer has to examine who is in possession of the property and in what capacity. He can only attach property in possession of the assessee in his own right, or in possession of a tenant or a third party on behalf of/for the benefit…

1. Rule Ms. Maithili Mehta, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondents. 2. Having regard to the controversy involved in the present petition, which lies in a very narrow compass as well as the fact that the matter was heard at length, the petition is decided finally. 3. By this petition under article 226 of the Constitution of India, the pet…

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