Section 499 — Certain transfers to be void
(1) Where, during the pendency of any proceeding under this Act or after the
completion thereof, but before the service of notice by the Tax Recovery
Officer as per the procedure specified under section 413, any assessee creates a
charge on, or parts with the possession 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.
(2) The charge or transfer as referred to in sub-section (1) shall not be void if it is
made—
( a) 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
( b) with the previous permission of the Assessing Officer.
(3) This section applies to cases where the amount of tax or other sum payable or
likely to be payable exceeds ` 5000 and the assets charged or transferred exceed
` 10000 in value.
(4) For the purposes of this section,––
( a) “assets” means land, building, machinery, plant, shares, securities, fixed
deposits in banks, and virtual digital asset, to the extent to which any of
the said assets do not form part of the stock-in-trade of the business of
the assessee;
( b) the modes of creating a charge on or parting with the possession of such
assets shall include sale, mortgage, gift, exchange or any other mode of
transfer.
Related sections
- Section 500 — Provisional attachment to protect revenue in certain cases
- Section 501 — Service of notice, generally
- Section 502 — Authentication of notices and other documents
- Section 503 — Service of notice when family is disrupted or firm etc., is dissolved
- Section 504 — Service of notice in case of discontinued business
- Section 505 — Submission of statement by a non-resident having liaison office
- Section 506 — Furnishing of information or documents by an Indian concern in certain cases
- Section 507 — Submission of statements by producers of cinematograph films or persons engaged in specified activity
- Section 508 — Obligation to furnish statement of financial transaction or reportable account
- Section 509 — Obligation to furnish information on transaction of crypto-asset
- Section 510 — Annual information statement
- Section 511 — Furnishing of report in respect of international group
- Section 512 — Publication of information respecting assessees in certain cases
- Section 513 — Appearance by registered valuer in certain matters
- Section 514 — Registration of valuers
- Section 515 — Appearance by authorised representative
- Section 516 — Rounding off of amount of total income, or amount payable or refundable
- Section 517 — Receipt to be given
- Section 518 — Indemnity
- Section 519 — Power to tender immunity from prosecution
- Section 520 — Cognizance of offences
- Section 521 — Probation of Offenders Act, 1958 and section 401 of Bharatiya Nagarik Sura-ksha Sanhita, 2023, not to apply
- Section 522 — Circumstances in which return of income, assessment, approvals, etc., not to be invalid
- Section 523 — Notice deemed to be valid in certain circumstances
- Section 524 — Presumption as to assets, books of account, etc
- Section 525 — Authorisation and assessment in case of search or requisition
- Section 526 — Bar of suits in civil courts
- Section 527 — Power to make exemption, etc., in relation to participation in business of prospecting for, extraction, etc., of mineral oils
- Section 528 — Power of Central Government or Board to condone delays in obtaining approval
- Section 529 — Power to withdraw approval
- Section 530 — Act to have effect pending legislative provision for charge of tax
- Section 531 — Power to rescind exemption in relation to certain Union territories already granted under section 294A of the Income-tax Act, 1961
- Section 532 — Power to frame schemes
- Section 533 — Power to make rules
- Section 534 — Laying before Parliament
- Section 535 — Removal of difficulties
- Section 536 — Repeal and savings