ASIYA BANU Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) The petitioner is aggrieved against the notices issued by the respondent invoking Section 226(3) of the Income Tax Act, 1961. By the impugned notices, the respondent has called upon the tenants of the premises at No. 168, Sydenhams Road, Chennai-3 to pay whatever amounts due from the tenants to the assessees by name V.M.S. Jafferullah and V.M.S. Haji Mohammed respectively to meet the arrears of tax payable by the said assessees. According to the petitioner, the addressee to whom the impugned notices have been issued are all her own tenants and that Mr. V.M.S. Jafferullah and Mr. V.M.S. Haji Mohammed the assessees have got. nothing to do with the properties, in which the respective tenants have been inducted.

(2.) Mr. N. Muralikumaran, learned Standing Counsel for the income Tax Department would however contend that the assessees were the owner of the property as per their records for the relevant period for which, the assessment of tax came to be made and in the circumstances, the respondent is fully justified in issuing the impugned notices to the tenants who are liable to pay the rents to satisfy the taxes assessed in respect of Mr. V.M.S. Jafferullah and Mr. V.M.S. Haji Mohammed.

(3.) I find force in the contention of the learned Standing counsel. A perusal of the Clause 11(1) and (6) makes it clear that an efficacious remedy is made available to the petitioner to raise her objections as regards the claim made by the respondent in the impugned notices issued to the respective tenants whom, according to the petitioner were inducted by her and not by the assessees Mr. V.M.S. Jafferullah and Mr. V.M.S. Haji Mohammed. Even under Section 226(3)(vi), it is provided that a person to whom a notice under Sub-section 3 Section 226 is issued, can raise the objection if the sum demanded or any part thereof, is not due to the assessee, or that such sum was not held for or on account of the assessee, in which event, nothing contained in Sub-section 3(i) would get attracted.