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§ 499
Chapter XXIII — Miscellaneous

Certain transfers to be void

Income-tax Act, 2025

If an assessee creates a charge on or disposes of assets while a tax proceeding is pending, or after it ends but before a Tax Recovery Officer's notice is served, the transfer is void against any tax claim.

  • Exception: valid if done for adequate consideration without knowledge of the proceeding, or with prior permission of the Assessing Officer.
  • Applies when tax due exceeds ₹5,000 and the asset value exceeds ₹10,000.
  • Covered assets include land, buildings, machinery, plant, shares, securities, bank fixed deposits and virtual digital assets not held as stock-in-trade.
📜 Official text of the section +
499. (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. Provisional attachment to protect revenue in certain cases.

Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.