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      Question

      Section 28(3)(vi) deals with the situation where a

      person objects to the Recovery Officer's notice to pay third-party dues. What happens if that objection is found to be false?
      A The person is arrested and detained in civil prison for three months Correct Answer Incorrect Answer
      B Such person shall be personally liable to the Recovery Officer to the extent of his own liability to the defendant on the date of notice, or the defendant's liability for debt due, whichever is less Correct Answer Incorrect Answer
      C The person is treated as a co-defendant and recovery proceedings are initiated against him fresh Correct Answer Incorrect Answer
      D The Tribunal issues a contempt notice against such person Correct Answer Incorrect Answer
      E The objection is struck off and the notice is deemed complied with automatically Correct Answer Incorrect Answer

      Solution

      Section 28(3)(vi) provides that where a person to whom a notice under Section 28(3) is sent objects to it by a statement on oath that the sum demanded is not due to the defendant or that he does not hold any money for the defendant - nothing in the sub-section requires such person to pay. However, if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Recovery Officer to the extent of his own liability to the defendant on the date of the notice, or to the extent of the defendant's liability for debt due under the Act, whichever is less. This makes fraudulent objections personally costly for third parties assisting defendants in evading recovery.

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