The tax assessment of Mr. Raghav was completed on 25-12-2023 and the tax due was determined as 28 lakhs. The assessee has the following: (i) Bank…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2024
The tax assessment of Mr. Raghav was completed on 25-12-2023 and the tax due was determined as 28 lakhs. The assessee has the following: (i) Bank fixed deposit with Canara Bank 24 lakhs; (ii) Receivable from S & Co Ltd 27 lakhs. He gifted a land to his son (aged 45 years) 5 years ago whose present market value is 28 lakhs. He gifted a diamond necklace to his son's wife evidenced by a gift deed dated 05.10.2023. He owns a residential apartment in Australia acquired 11 years ago. Discuss against which of the movable/immovable property the Tax Recovery Officer can proceed against for recovery of tax.

Suggested Answer and Working Notes:

The assessee's movable or immovable property shall include any property which has been transferred, directly or indirectly by the assessee to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of any of the persons aforesaid. In the present case, Mr. Raghav had transferred his land 5 years ago to his son who was 40 years old at that time. He also gifted a diamond necklace to his son's wife on 5.10.2023. He also has bank fixed deposits, receivables from S & Co. Ltd. and residential apartment in Australia. The Tax Recovery Officer can proceed to recover the tax by attaching - (i) bank fixed deposits (ii) receivables from S & Co. Ltd. (iii) residential apartment in Australia He can also proceed to recover the tax by attaching the diamond necklace gifted to his son's wife. However, he cannot proceed to recover the tax by attaching the land which he transferred to his son, since at the time of transfer, his son was major.

Topics: Deduction, Collection and Recovery of Tax

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