Section 32:
Modes of recovery of tax dues.
(1) The Assessing Officer or the Tax Recovery Officer may
require the employer of the assessee to deduct from any payment to the assessee such amount as is
sufficient to meet the tax arrear from the assessee.
(2) Upon requisition under sub-section (1), the employer shall comply with the requisition and shall
pay the sum so deducted to the credit of the Central Government in such manner as may be prescribed.
(3) Any part of the salary, exempt from attachment in execution of a decree of a civil court under
section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempt from any requisition made
under sub-section (1).
(4) The Assessing Officer or the Tax Recovery Officer may, by notice in writing, require any debtor
of the assessee to pay such amount, not exceeding the amount of debt, as is sufficient to meet the tax
arrear of the assessee.
(5) Upon receipt of the notice under sub-section (4), the debtor shall comply with the requisition and
shall pay the sum to the credit of the Central Government in such manner as may be prescribed within the
time (not being before the debt becomes due to the assessee) specified in the notice.
(6) A copy of the notice issued under sub-section (4) shall be forwarded to the assessee at his last
address known to the Assessing Officer or the Tax Recovery Officer and in the case of a joint account, to
all the joint holders at their last addresses known to the Assessing Officer or the Tax Recovery Officer.
(7) It shall not be necessary for any pass book, deposit receipt, policy or any other document to be
produced for the purpose of any entry, endorsement or the like being made before payment is made,
notwithstanding any rule, practice or requirement to the contrary if the notice under sub-section (4) is
issued to a post office, banking company, insurer or any other person.
(8) Any claim in respect of any property, in relation to which a notice under sub-section (4) has been
issued, arising after the date of the notice, shall be void as against any demand contained in the notice.
(9) A person to whom a notice under sub-section (4) has been issued, shall not be required to pay the
amount of tax arrear specified therein, or part thereof, if he objects to it by a statement on oath that the
sum demanded, or any part thereof, is not due to the assessee or that he does not hold any money for, or
on account of, the assessee.
(10) The person referred to in sub-section (9) shall be personally liable to the Assessing Officer or the
Tax Recovery Officer, as the case may be, to the extent of his own liability to the assessee on the date of
the notice, or to the extent of the liability of the assessee for any sum due under this Act, whichever is
less, if it is discovered that the statement made by him was false in any respect.
(11) The Assessing Officer or the Tax Recovery Officer may amend or revoke any notice issued
under sub-section (4) or extend the time for making any payment in pursuance of such notice.
(12) The Assessing Officer or the Tax Recovery Officer shall grant a receipt for any amount paid in
compliance with a notice issued under sub-section (4), and the person so paying shall be fully discharged
from his liability to the assessee to the extent of the amount so paid.
(13) Any person discharging any liability to the assessee after receipt of a notice under sub-section (4)
shall be personally liable to the Assessing Officer or the Tax Recovery Officer to the extent of his own
liability to the assessee so discharged or to the extent of the liability of the assessee for any sum due under
this Act, whichever is less.
(14) The debtor to whom a notice under sub-section (4) is sent shall be deemed to be an assessee in
default, if he fails to make such payment and further proceedings may be initiated against him for the
realisation of the amount in the manner provided in this section and the Second Schedule to the
Income-tax Act.
(15) The Assessing Officer or the Tax Recovery Officer may apply to the court, in whose custody
there is money belonging to the assessee, for payment to him of the entire amount of such money or if it
is more than the tax arrear, an amount sufficient to meet the tax arrear.
(16) The Assessing Officer or the Tax Recovery Officer shall effect the recovery of any tax arrear in
the same manner as attachment, distraint and sale of any movable property under the Second Schedule to
the Income-tax Act, if he is so authorised by the Principal Chief Commissioner or the Chief
Commissioner, or the Principal Commissioner or the Commissioner, by general or special order.
(17) In this section,—
(a) ''debtor'', in relation to an assessee, means,—
(i) any person from whom any money is due, or may become due, to the assessee; or
(ii) any person who holds, or may subsequently hold, any money for, or on account of, the
assessee; or
(iii) any person who holds, or may subsequently hold, any money for, or on account of, the
assessee jointly with any other person;
(b) shares of the joint holders in the account shall be presumed, until the contrary is proved, to be
equal.