Recovery through property attachment, arrest taxpayers

Recovery through property attachment, arrest taxpayers

Section 138 of theIncome Tax Ordinance, 2001empowers tax authorities to make recovery of outstanding amount through attachment of property or arrest of taxpayers, or both.

TheFederal Board of Revenue (FBR)issued theIncome Tax Ordinance, 2001updated up to June 30, 2021. TheOrdinanceincorporated amendments brought throughFinance Act, 2021.

Following is the text of Section 138 ofIncome Tax Ordinance, 2001:

138. Recovery of tax out of property and through arrest of taxpayer.— (1) For the purpose of recovering any tax due by a taxpayer, the Commissioner may serve upon the taxpayer a notice in the prescribed form requiring him to pay the said amount within such time as may be specified in the notice.

(2) If the amount referred to in the notice issued under sub-section (1) is not paid within the time specified therein or within the further time, if any, allowed by the Commissioner, the Commissioner may proceed to recover from the taxpayer the said amount by one or more of the following modes, namely:—

(a) attachment and sale of any movable or immovable property of the taxpayer;

(b) appointment of a receiver for the management of the movable or immovable property of the taxpayer;

(c) arrest of the taxpayer and his detention in prison for a period not exceeding six months; and

(d) as specified under clauses (a), (ca) and (d) of sub-section (I) of section 48 of the Sales Tax Act, 1990.

(3) For the purposes of recovery of tax under sub-section (2), the Commissioner shall have the same powers as a Civil Court has under the Code of Civil Procedure, 1908 (Act V of 1908), for the purposes of the recovery of any amount due under a decree.

(4) The Board may make rules regulating the procedure for the recovery of tax under this section and any other matter connected with, or incidental to, the operation of this section.

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