process to remove attachement/decree on 7/12 utara
5 years ago
there is N.a land in the name of my mother I want advise how to remove attachement put by income tax dept. and decree put by civil court on 7/12 utara in the form of boja
1) in 1972 july I tax dept. put attachment order(boja) on 7/12 utara for non pmt. Of I tax dues, But my father in march 1974 paid all income tax dues, but unfortunately he had not taken clearance cert. from Income tax recovery officer.Same attachement (boja) seen on 7/12 utara at presnt as it is. I am not having pmt. challans(its misplaces) as the matter is 45 yrs. old.But I am having its payment dates.
2) in 1972 Thane civil court put decree(boja ) on 7/12 utara against civil case filed by party for non pmt. Of his money taken udhar. But after court settled matter. As per court order my father had paid all money to party.But unfortunately decree(boja) not withdron case is 45 yrs. old. same decree(boja) seen as it is on 7/12 utara. I am having promissory note ret. by party after pmt. of money to him and court order copy.
Now tahsil authority asked to give order from concerned authority dept.
pls. advise me to solve this matter
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
You may directly approach the HC and file a case against the IT Department and Revenue Department. No attachment is valid for more than 12 twelve years as decree can be executed within 12 years, on this principle the HC will pass favorable orders.
For full procedure contact me on mobile through Vidhikarya.
1. Please go to the Office of Income Tax and meet the Income Tax Officer, try to explain and also try to retrieve the records (which is of course difficult).Try to find out the law/Office circular and the manner of disposal of.records.If you are lucky, you may get it.
2.Better to find out a local Advocate specialised in Civil Law who can do the job.
Alternatively get in touch with Vidhikarya.com who can suggest the names of Advocates from their panel who can do the job.
Shanti Ranjan Behera,
Advocate