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2018 (1) TMI 862 - HC - Income TaxProceedings for recovery of the amount due - whether sale is vitiated for the reason of not having been conducted within the time stipulated by law? - Held that:- Period stipulated for filing an appeal is 45 days from the date on which the copy of the order is received by him. Therefore, the order could become final only after expiry of the period prescribed for filing an appeal. The said period expired only on 13.4.2004. Since the financial year in which the order has become final, namely, 13.4.2004, has expired only on 31.3.2005, the three year period stipulated by Rule 68B above expired only on 31.3.2008. Admittedly, the sale was conducted on 27.11.2007. Therefore, the sale was conducted within the time stipulated by Section 68B of the Second and Third Schedules to the IT Act. It is necessary to further notice that, the auction proceedings had remained stayed as per the orders of the DRAT as well as this Honourable Court, for varying periods. The said periods are also necessary to be excluded going by the terms of Rule 68B. Even without doing that, it has to be held that the sale was conducted within the time stipulated by the statutory provision. It is held so. Whether in view of section 29 of the DRT Act, all the provisions of the IT Rules would become applicable to proceedings before the DRT? - Held that:- The provisions of the IT Act and the Rules are applicable. There was no necessity for attachment thereof before the sale, as contended. Though it is contended that there was no proclamation, fixation of a reserve price etc., as contemplated by the IT Rules, there is no material on record to support any of the said contentions. Therefore, the said contentions have to fail. Since, we have already found on facts that the sale conducted was within the time stipulated by the statutory provision, we do not find any grounds to interfere with the judgment appealed against or to grant any of the reliefs sought for, except to clarify that the legal position as indicated by the Apex Court in Paramsivan C.N. v. Sunrise Plaza Tr.Partner (2013 (6) TMI 135 - SUPREME COURT OF INDIA) shall apply.
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