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2018 (10) TMI 71 - HC - Income TaxRecovery of dues - attachment of property - Period of limitation - Restraining respondents from proceeding to sell the attached agricultural land by auction - notice for auction barred by limitation because of Rule 68B of Second Schedule of Income Tax Act, 1961 - Held that:- The steps are initiated by department in present matter on 18.11.2004 i.e. after expiry of period of three years but before expiry of period of four years. The judgment of Apex Court in S.V. GOPALA RAO & ORS. [2017 (9) TMI 589 - SUPREME COURT] which endorses reasoning of Andhra Pradesh High Court on lack of authority in CBDT to increase the period from three years to four years. The incompetent authority, therefore, cannot prejudice legal rights of petitioner flowing from statutory provisions or eclipse the same in any manner. Notice dated 18.11.2004 is, therefore, beyond period of three years and, therefore, hit by Rule 68B( 1). Similarly, Advocate Parchure has attempted to urge that notice dated 18.11.2004 impugned before this Court is a resale. Again material on record does not show that it is a resale. In this situation, we find the notice dated 18.11.2004 unsustainable. It is accordingly quashed and set aside. Consequently, in view of mandate of Rule 68B(4), attachment of properties which formed subject matter of said notice dated 18.11.2004 is also set aside.
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