**Executive Summary**
This document is a proclamation of sale regarding the property of Shri Ashwin Kumar Kataria Prop. M/s. A. K. Industries, due to the non-payment of outstanding income tax of Rs. 2.78 crores. The property will be sold via public auction on January 24, 2018, at 11:30 A.M. at the Income-tax Office, Civil Lines, Khandwa. A deposit of 25% of the purchase money must be paid immediately after the declaration of sale, and the full amount is due within 15 days.
**Key Points / Main Content**
* **Sale Details**
* Property owner: Shri Ashwin Kumar Kataria Prop. M/s. A. K. Industries
* Reason for sale: Non-payment of Rs. 2.78 crore in income tax.
* Auction Date: January 24, 2018
* Time: 11:30 A.M.
* Location: Income-tax Office, Civil Lines, Khandwa.
* **Property Description**
* Type: Factory Building and land appurtenant thereto.
* Location: Khasra No. 864/12 at Patwari Halka No. 80, Pandhana Road, Khandwa.
* Area: 0.405 hectares (approximately one acre).
* Reserve Price: Rs. 2,43,95,000/-
* **Bidding and Payment**
* Public invited to bid either personally or through an authorized agent.
* No officer involved in the sale can bid directly or indirectly.
* Earnest money deposit: Rs. 25,000
* The amounts by which biddings are to be increased shall be determined by the officer conducting the sale.
* The highest bidder must be legally qualified to bid and their bid must not be less than the reserve price.
* Deposit: 25% of the purchase price immediately after the auction.
* Full Payment: within 15 days of the sale date.
* **Conditions of Sale**
* The sale is subject to the Income-tax Act, 1961, and the rules made there under.
* The undersigned is not answerable for any error, misstatement or omission in the proclamation.
* If arrears, interest, and costs are paid before the lot is knocked down, the sale will be stopped.
**Impact Analysis**
**Shri Ashwin Kumar Kataria Prop. M/s. A. K. Industries (Defaulter)**
* **Impact**: Loss of property due to unpaid income tax.
* **Action Required**: Pay the outstanding dues to prevent the sale, or prepare for the sale of property.
**Potential Bidders**
* **Impact**: Opportunity to purchase the property through public auction.
* **Action Required**: Conduct due diligence, deposit earnest money, participate in the auction, and arrange for timely payment if declared the highest bidder.
**Tax Recovery Officer**
* **Impact**: Responsible for conducting the auction and recovering the outstanding tax.
* **Action Required**: Ensure compliance with Income-tax Act, conduct fair auction, collect payments, and handle any disputes.
Key Entities Referenced
Income-tax Act, 1961: The central law governing income tax in India, under which the recovery proceedings are initiated.
A. K. Industries: The defaulter company whose property is being sold to recover unpaid income tax.
Khandwa: Location of the property being auctioned, important for understanding the geographical scope of the sale.
Tax Recovery Officer (Assessment)-2, Indore: The specific office and officer responsible for conducting the sale of the property.
FORM NO. I.T.C.P. 13
[See rule 38 and rule 52(2) of the second Schedule to the Income-tax Act,1961]
Proclamation of sale
Office of the Tax Recovery Officer-2,
Aayakar Bhavan,Room No.16, (Main)
Opp. White Church, Indore.
* Whereas the [undersigned has drawn up ] the certificate No…-..31/10/2002 for the recovery of
the sum of Rs.2.78 crores from Shri Ashwin Kumar Kataria Prop. M/s. A. K. Industries
Kataria Pandhan Road, Khandwa (Alternative address at Shantivihar Koteshwar Road,
Behind TV Tower, Akola( Maharastra) PIN-444001) [defaulter]
which sum recoverable together with interest in accordance with section 220(2) of the
Incometax Act, 1961[***] and the costs, charges and expenses of the proceedings for the
recovery thereof.
* Whereas the [Tax Recovery Officer]-----------------------had forwarded the certificate
No…………..dated……………..to the undersigned………………..for the recovery of the sum
of Rs. 2.78 crores from Shri Ashwin Kumar Kataria Prop. M/s. A. K. Industries Kataria
Pandhan Road, Khandwa and whereas the said Tax Recovery Officer has sent to the
[defaulter]
undersigned on the …………..day of…….19………a certified copy of the certificate under
section 223(2) of the Income-tax Act, 1961, specifying that an amount of Rs. 2.78 crores is to be
recovered from the defaulter, which sum is recoverable together with interest in accordance with
section 220(2) of the said Act [***] and the costs, charges and expenses of the proceedings for
the recovery thereof and whereas the undersigned has ordered the sale of the attached property
mentioned in the annexed schedule in satisfaction of the said certificate.
And whereas on the 24th day of January, 2018 ( the date fixed for the sale) there will be due
there under a sum of Rs. 2.78 crores plus cost and interest.
Notice is hereby given that, in the absence of any order of postponement, the said property shall
be sold by TRO-(Assessment)-2, Indore by public auction at 11.30 A.M.. on the said date 24th
day of January, 2018 at the office premise O/o the Income-tax Officer, Aayakar Bhawan,
Civil Lines, Khandwa,
[Place]
The sale will be of the property of the above named defaulter /+property which is included in the
property of the defaulter by virtue of the Explanation to sub-section (1) of section 222 of the
Income-tax Act, 1961 as mentioned in the schedule below, and the liabilities and claims
attaching to the said property, so far as they have been ascertained, are those specified in the
schedule against each lot.
The property will be put up for sale in the lots specified in the schedule. If the amount to be
realized by sale is satisfied by the sale of a portion of the property, the sale shall be immediately
stopped with respect to the reminder. The sale will also be stopped if, before any lot is knocked
down, the arrears mentioned in the said certificate + interest payable under section 220(2) of the
Income-tax Act, 1961, and costs (including the costs of the sale) are tendered to the officer
conducting the sale or proof is given to his satisfaction that the amount of such arrears, interest
and costs has been paid to the undersigned.
At the sale, the public generally are invited to bid either personally or by duly authorized agent.
No Officer or other person, having any duty to perform in connection with this sale shall,however, either directly or indirectly bid for, acquire or attempt to acquire any interest in the
property sold.
The sale shall be subject to the condition prescribed in the Second Schedule to the Income-tax
Act,1961, and the rules made there under and to the following further conditions:-
(i) The particulars specified in the annexed schedule have been stated to the best of the
information of the undersigned, but the undersigned shall not be answerable for any error, mis-
statement or omission in this proclamation.
(ii) The reserve price below which the property shall not be sold is Rs. 2,43,95,000/-.
(iii) The amounts by which biddings are to be increased shall be determined by the officer
conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder,
the lot shall at once be again put up to auction.
(iv) The higher bidder shall be declared to be the purchaser of any lot provided always that he
is legally qualified to bid and provided further that * the amount bid by him is not less than the
reserve price * it shall be in the direction of the undersigned to decline acceptance of the highest
bid when the price offered appears so clearly inadequate as to make it inadvisable to do so.
(v) For reasons recorded, it shall be in the direction of the officer conducting the sale to
adjourn it subject always to the provisions of the Second Schedule to the Income-tax Act,1961.
(vi) In the case of movable property, the price of each lot shall be paid at the time of sale or as
soon after as the officer holding the sale directs, and in default of payment, the property shall
forthwith be again put up and resold.
(vii) In the case of immovable property, the person declared to be the purchaser shall pay
immediately after such declaration, a deposit of twenty-five percent on the amount of his
purchase money to the officer conducting the sale and, in default of such deposit, the property
shall forthwith be put up again and resold. The full amount of the purchase money payable shall
be paid by the purchaser to the undersigned on or before 15th day from the date of the sale
property, exclusive of the such day, or if the 15th day be a Sunday or other holiday, then on the
first office day after the 15th day. In default of payment within the period mentioned above, the
property shall be resold, after issue of fresh proclamation of sale. The deposit, after defraying
the expenses or the sale, may , if the undersigned thinks fit, be forfeited to the Government and
the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which
it may subsequently be sold.
SCHEDULE OF PROPERTY
1. Factory Building and land appurtenant thereto, situated at Khasra No. 864/12 at
Patwari Halka No. 80, admeasuring 0.405 hectares at Pandhana Road, Khandwa,
(M.P.).
Given under my hand and seal at Indore, this 20th day of December,2017.
(Seal)
(SREEJA ANILKUMAR)
Tax Recovery Officer (Assessment-2),
I N D O R E.SCHEDULE OF PROPERTY
in the case of Shri Ashwin Kumar Kataria, S/o Shri Jhawarilal Kataria,
Prop. M/s. A.K. Industries, Pandhana Road, Khandwa.
No. of lots Description of Revenue Details of any Claim, if any,
property to be assessed encumbrances which have
sold with the upon the to which the been put
name of the property property is forward to
other co-owners of any part liable the property,
where the thereof and any other
property belongs known
to the defaulter particulars
and any other bearingon its
person as co- nature and
owners value
1 2 3 4 5
Factory shed Khasra No. - - -
and land 864/12 at
appurtenant Patwari Halka
thereto No. 80 at
including the Pandhana Road,
whole Khandwa
premise admeasuring
0.405 hectares
i.e. one acre
approx.
[Sreeja Anilkumar]
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MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE,
OFFICE OF THETAX RECOVERY OFFICER (ASMTT)–2,
ROOM NO. 16, AAYAKAR BHAWAN (MAIN), OPP. WHITE CHURCH, A.B. ROAD, INDORE
Auction Sale
It is brought to the notice of public in general that auction proceedings have been initiated in the case of
Shri Ashwin Kumar Kataria, Proprietor M/s. A.K. Industries, Pandhana Road, Khandwa (Near Mayur
Industries) as the assessee has failed to pay the outstanding demand of tax amounting to Rs. 2.78 crore
approx. [i.e. Rupees two crores, seventy eight lakhs only] and further interest and costs. The property
specified hereunder has been firstly attached on 28.11.2002 as per the provisions of Rule 48 of Schedule
II of the Income tax Act, 1961. Auction by sale of the aforesaid attached property has been fixed for
24.01.2018 at 11.30 AM at the premises of Aayakar Bhawan, Civil Lines, Khandwa (M.P.). The
prospective bidders who want to participate in the aforesaid auction are required to deposite the
earnest money of Rs. 25,000/- in the form of Account Payee Demand Draft of any Nationalised Bank in
favour of Income tax Department, Indore before the undersigned at the Auction Premises [i.e. Aayakar
Bhawan, Civil Lines, Khandwa (M.P.).] before one hour of the commencement of auction, positively, or
the earnest money can also be deposited before the undersigned at the office of Tax Recovery Officer,
Room No. 16, Aayakar Bhawan, Main, Opposite White Church Road, Indore on or before 18.01.2018.
The terms and conditions of the aforesaid Auction and other information can be collected from the
office of the Income tax Officer-1, Civil Lines, Khandwa or from the office of the Tax Recovery Officer
(Assessment)-2, Room No. 16, Aayakar Bhawan, Main, Opp. White Church Road, Indore.
Details of Immovable Area Reserve Price Earnest Money to
Property participate in the
Auction
One factory shed and Khasra No. 864/12 2]48]95]000@ 25]000@&
land appurtenant (Patwari Halka No. 80)
thereto including the admeasuring 1 acre i.e.
whole premises (in the 0.405 hectares.
way as it is placed)
For further information, pleae contact Shri D.R. Charawande, Tax Recovery Inspector at Mobile No.
9406718273
(Sreeja Anilkumar)
Tax Recovery Officer (Assessment)-2,
INDORE.