Decree can be adjusted by way of garnishee order
the person to whom a notice under this sub-section is
sent fails to make payment in pursuance thereof to the
Income-tax Officer, further proceedings may be taken by and
before the Collector on the footing that the Income-tax
Officer's notice has the same effect as an attachment by the
Collector in exercise of his powers under the proviso to
sub-section (2) of section 46.
Such notices of the Income-tax Officer are no more than a
kind of a garnishee order issued to the person holding money
which money is due to an assessee. The Collector of Customs
had recovered this money and under the decrees of the Court
the Union of India was liable to refund it to the firm. A
garnishee order is issued to a debtor not to pay to his own
creditor but to some third party who has obtained a final
judgment against the creditor. By a parity of reasoning
this amount, which was with the Collector of Customs, could
be asked to be deposited with the Income-tax Authorities
under S. 46(5A). The argument is extremely technical for
that the firm is entitled to get a double benefit of the
http://www.lawweb.in/2012/08/decree-can-be-adjusted-by-way-garnishee.html
the person to whom a notice under this sub-section is
sent fails to make payment in pursuance thereof to the
Income-tax Officer, further proceedings may be taken by and
before the Collector on the footing that the Income-tax
Officer's notice has the same effect as an attachment by the
Collector in exercise of his powers under the proviso to
sub-section (2) of section 46.
Such notices of the Income-tax Officer are no more than a
kind of a garnishee order issued to the person holding money
which money is due to an assessee. The Collector of Customs
had recovered this money and under the decrees of the Court
the Union of India was liable to refund it to the firm. A
garnishee order is issued to a debtor not to pay to his own
creditor but to some third party who has obtained a final
judgment against the creditor. By a parity of reasoning
this amount, which was with the Collector of Customs, could
be asked to be deposited with the Income-tax Authorities
under S. 46(5A). The argument is extremely technical for
that the firm is entitled to get a double benefit of the
http://www.lawweb.in/2012/08/decree-can-be-adjusted-by-way-garnishee.html