Saawariya & Co.

47 Transfer of assets during pendency of proceedings void

47 Transfer of assets during pendency of proceedings void

Where, during the pendency of any proceedings for the recovery of an amount owed by a

person under this Act, that person creates a charge on or parts with the possession by way of sale, mortgage, gift or exchange or any other mode of transfer whatsoever, any of his assets in favour of any other person, such charge or transfer shall be void against any claim by the Commissioner in respect of the amount which is the subject of proceedings, unless the other person –

(a) acted bona fide and without notice of the recovery proceedings; and

(b) has paid the fair market value for the assets.

[Explanation.– In this section “assets” includes land, building, machinery, plant, equipments, shares, securities and fixed deposits in the banks, vehicles, furniture and fixture to the extent to which any of the assets aforesaid does not form part of the stock in trade of the business of the person.]

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