Chapter XXIII
Miscellaneous
61[Certain transfers to be void.
281. (1) Where, during the pendency of any
proceeding under this Act or after the completion thereof, but before the
service of notice under rule 2 of the Second Schedule, any assessee creates a
charge on, or parts with the possession (by way of sale, mortgage, gift,
exchange or any other mode of transfer whatsoever) of, any of his assets in
favour of any other person, such charge or transfer shall be void as against
any claim in respect of any tax or any other sum payable by the assessee as a
result of the completion of the said proceeding or otherwise :
Provided that such charge or transfer shall not be
void if it is made—
(i) for adequate consideration and without notice
of the pendency of such proceeding or, as the case may be, without notice of
such tax or other sum payable by the assessee ; or
(ii) with the previous permission of the 62[Assessing] Officer.
(2) This section
applies to cases where the amount of tax or other sum payable or likely to be
payable exceeds five thousand rupees and the assets charged or transferred
exceed ten thousand rupees in value.
Explanation.—In this section, “assets” means land,
building, machinery, plant, shares, securities and fixed deposits in banks, to
the extent to which any of the assets aforesaid does not form part of the
stock-in-trade of the business of the assessee.]