173.
B is liable to pay Rs.
1,00,000 to A. Demand was raised for Rs. 1,20,000 by department on A. Can the
following amount be recovered from B if:
(i)
Notice was issued to be
(ii)
Notice was not issued to be
(iii)
Notice was issued to B for depositing Rs. 1,20,000 but he had only
Rs. 50,000.
As per section 79(1)(c)(vi), B will pay to the department which was due to A if proper notice is issued by the department to such other person and such other person holds money due to such registered person. Therefore,
(i) B will pay Rs. 1,00,000 only to department as he owed only this much amount to A
(ii) Since no notice was issued to B, therefore, B is not liable to pay any amount to department
(iii) Since, B had only Rs. 50,000 with him at the time of serving of the recovery notice, therefore, B will deposit Rs. 50,000 immediately and for the remaining Rs. 50,000 he will seek extension and pay the same within extended time period.