63[Application of retained assets.
37C. (1) The
assets retained under sub-section (5A) of section 37A may be dealt with in the
following manner, namely :—
(i) the amount of the existing liability
referred to in clause (iv) of the said sub-section and the amount of the
liability determined on completion of the regular assessment or reassessment
for all the assessment years for which the net wealth referred to in clause (i)
of that sub-section is assessable to tax (including any penalty levied or
interest payable, in connection with such assessment or reassessment) and in
respect of which the assessee is in default or is deemed to be in default may
be recovered out of such assets;
(ii) if the assets consist solely of money, or partly of money
and partly of other assets, the Assessing Officer may apply such money in the
discharge of the liabilities referred to in clause (i) and the assessee
shall be discharged of such liabilities to the extent of the money so applied;
(iii) the assets other than money may also be
applied for the discharge of any such liability referred to in clause (i)
as remains undischarged and for this purpose such assets shall be deemed to be
under distraint as if such distraint was effected by the Assessing Officer
under authorisation from the Chief Commissioner or Commissioner under
sub-section (5) of section 226 of the Income-tax Act as made applicable to this
Act by section 32, and the Assessing Officer may recover the amount of such
liabilities by the sale of such assets and such sale shall be effected in the
manner laid down in the Third Schedule to the Income-tax Act as made applicable
to this Act by section 32.
(2) Nothing contained in sub-section (1) shall
preclude the recovery of the amount of liabilities aforesaid by any other mode
laid down in this Act.
(3) Any assets or proceeds thereof which remain after
the liabilities referred to in clause (i) of sub-section (1) are
discharged shall be forthwith made over
or paid to the persons from whose custody the
assets were seized.
(4) (a) The Central Government shall pay
simple interest at the rate of fifteen per cent per annum on the amount by
which the aggregate of the money retained under section 37A and of the
proceeds, if any, of the assets sold towards the discharge of the existing
liability referred to in clause (iv) of sub-section (5A) of that section
exceeds the aggregate of the amounts required to meet the liabilities referred
to in clause (i) of sub-section (1) of this section.
(b) Such interest shall run from the date
immediately following the expiry of the period of six months from the date of
the order under sub-section (5A) of section 37A to the date of the regular
assessment or reassessment referred to in clause (i) of sub-section (1)
or, as the case may be, to the date of the last of such assessments or
reassessments.]