Section 281 : TRO or A.O Not Empowered to Declared Transfer as Void


One of the tax laws often a taxpayer is threatened with is an application of section 281 of the Income Tax Act that provides that a transfer of an asset shall be void if it is effected after the start of proceeding under I.T.Act. This law is there to protect the interest of Revnue ( even the new GST model law has such a law! . Say, you bought a property from Mr. X. Mr. X in his own assessment had defaulted on payment of tax. The transfer of property took place when the proceeding was continuing. But the question is whether the A.O or TRO has the power to declare a transfer of an asset as void?

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