Section 28:
Special model of recovery.
(1) Notwithstanding anything contained in any law or contract to
the contrary, the Commissioner may, at any time or from time to time, by notice in writing, a copy of
which shall be forwarded to the dealer at his last known address, require--
(a) any person from whom any amount of money is due, or may become due, to a dealer on
whom notice has been served under sub-section (1) of section 25, or
(b) any person who holds or may, subsequently hold money for or on account of such dealer,
to pay to the Commissioner, either forthwith upon the money becoming due or being held or within the
time specified in the first mentioned notice (but not before the money becomes due or is held as aforesaid)
so much of the money as is sufficient to pay the amount due by the dealer in respect of the arrears of tax
and penalty under this Act, or the whole of the money when it is equal to or less than that amount.
Explanation.-- For the purposes of this sub-section, the amount of money due to a dealer from, or
money held for or on account of a dealer by, any person, shall be calculated by the Commissioner after
deducting therefrom such claims (if any) lawfully subsisting, as may have fallen due for payment by such
dealer to such person.
(2) The Commissioner may amend or revoke any such notice or extend the time for making any
payment on pursuance of the notice.
(3) Any person making any payment in compliance with a notice under this section shall be deemed
to have made the payment under the authority of the dealer, and the receipt thereof by the
Commissioner shall constitute a good and sufficient discharge of the liability of such person to the extent
of the amount specified in the receipt.
(4) Any person discharging any liability to the dealer after receipt of the notice referred to in this
section, shall be personally liable to the Commissioner to the extent of the liability discharged or to the
extent of the liability of the dealer for tax and penalty, whichever is less.
(5) Where a person to whom a notice under this section is sent, proves to the satisfaction of the
Commissioner that the sum demanded or any part thereof is not due to the dealer or that he does not hold
any money for or on account of the dealer, then, nothing contained in this section shall be deemed to
require such person to pay any such sum or part thereof, as the case may be, to the Commissioner.
(6) Any amount of money which the aforesaid person is required to pay to the Commissioner, or for
which he is personally liable to the Commissioner under this section shall, if it remains unpaid, be
recoverable as an arrear of land revenue.
(7) The Commissioner may apply to the court in whose custody there is money belonging to the
dealer for payment to him of the entire amount of such money or if it is more than the tax and penalty, if
any, due, an amount sufficient to discharge such tax and the penalty.