Collector Of Custom& Ors. vs Soorajmull Nagarmull & Anr.

Whether payment made by the Collector of Customs to the Income Tax Officer under section 46(5A) of the Indian Income Tax Act 1922, pursuant to a garnishee notice for recovery of tax dues from the assessee, constitutes a valid payment out of court that can be certified as adjustment under Order 21 Rule 2 of the Code of Civil Procedure for satisfaction of decrees obtained by the assessee against the Union of India --- Held Yes.