In M.A. Zahid vs ASSISTANT COMMISSIONER OF INCOME TAX, the Karnataka High Court has observed that when a defaulter appears before the Tax Recovery Officer, he shall be given an opportunity of hearing and only thereafter, an order could be passed for detention of the defaulter in the civil prison. Therefore there need not be any apprehension of immediate arrest or detention in civil prison on issuance of a show cause notice by the Income Tax authorities.
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