Answer: According to Rule 6(1) of the Second Schedule to the Income Tax Act, 1961, where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the defaulter at the time of the sale, even though the property itself be specified.

Answer: The procedure for sale of movable property by the recovery officer of the Debts Recovery Tribunal is contained in Rules 37 to 45 of the Second Schedule to the Income Tax Act, 1961, as modified with reference to Debts Recovery Tribunal. The recovery officer has to issue a proclamation is specified the time and place of sale. The sale is to be by auction and sale should take place after the expiry of at least fifteen days calculated from the date on which a copy of the sale proclamation is a fixed in the office of the recovery officer.

Answer: The procedure for sale of immovable property by the recovery officer of the Debts Recovery Tribunal is contained in Rules 52 to 57 of the Second Schedule to the Income Tax Act, 1961, as modified with reference to Debts Recovery Tribunal. The recovery officer has to issue a proclamation specifying the time and place of sale. The sale is to be by auction and sale should take place after the expiry of at least fifteen days calculated from the date on which a copy of the sale proclamation is affixed in the office of the recovery officer.

Answer: Under Rule 60(1) of the Second Schedule to the Income Tax Act, 1961, which has been made applicable to sale by the Recovery Officer of Debts Recovery Tribunal, where immovable property has been sold in execution of a certificate, the defaulter, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale, apply to the Recovery Officer of Debts Recovery Tribunal  to set aside the sale, on his depositing the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered with interest thereon at the rate of fifteen per cent per annum, calculated from the date of the proclamation of sale to the date when the deposit is made; and for payment to the purchaser, as penalty, a sum equal to five per cent of the purchase money but not less than one rupee.

Answer: Under Rule 61 of the Second Schedule to the Income Tax Act, 1961, which has been made applicable to sale by the Recovery Officer of Debts Recovery Tribunal, where immovable property has been sold in execution of a certificate by the Recovery Officer of Debts Recovery Tribunal, the defaulter, or any person whose interests are affected by the sale, may, at any time, within thirty days from the date of the sale, apply to the Recovery Officer to set aside the sale of the immovable property on the ground that notice was not served on the defaulter to pay the arrears as required by this Schedule or on the ground of a material irregularity in publishing or conducting the sale

Answer: Under the proviso to Rule 61 of the Second Schedule to the Income Tax Act, 1961, which has been made applicable to sale by the Recovery Officer of Debts Recovery Tribunal, a sale cannot be set aside merely on the ground of non-service or irregularity unless the Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of the non-service or irregularity.

Answer: Under Rule 63(1) of the Second Schedule to the Income Tax Act, 1961, which has been made applicable to sale by the Recovery Officer of Debts Recovery Tribunal, where no application is made for setting aside the sale or where such an application is made and disallowed by the Recovery Officer, the Recovery Officer shall (if the full amount of the purchase money has been paid) make an order confirming the sale, and thereupon, the sale shall become absolute.

Answer: Under Rule 65 of the Second Schedule to the Income Tax Act, 1961, which has been made applicable to sale by the Recovery Officer of Debts Recovery Tribunal, where a sale of immovable property has become absolute, the Recovery Officer shall grant a certificate specifying the property sold, and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall state the date on which the sale became absolute.