TMI Blog2016 (11) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... years from the end of the financial year as mandated under Rule 68B to Second Schedule to the Act, which provides no sale of immovable property under this part after the expiry of three years from the end of financial year in which the order giving rise to demand of any tax, interest, fine/penalty or any other sum, has become final. Sub rule (4) of Rule 68B of II Schedule further clarifies tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... properties stands vacated. - WRIT PETITION NO.49185/2016 (T-IT) - - - Dated:- 16-9-2016 - MR. L. NARAYANA SWAMY, J. FOR THE PETITIONER : SRI VANI H. ADVOCATE FOR THE RESPONDENT : SRI K.V. ARAVIND, ASG Earlier, the Revenue approached this Court in ITRC Nos.101 to 103 and 119 of 1999 which came to be disposed of on 10.08.2010. The reference made by the Revenue was allowed and the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) 171 CTR 0078, wherein, it has been held that a provision which requires the Revenue to act within the period prescribed by law cannot be construed in a manner which would enable the Revenue to act beyond that period unless the Act specifically so provides . 4. Learned counsel for the respondent submits to dismiss the petition. He supports the Demand Notice of attachment of immoveable proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s very clear which covered the field, the continuation of the order of attachment Annexure-E till date is not proper. For the purpose of calculating three years it would be from the end of financial year on which the order was passed i.e. 10.08.2010, the end of the financial year would be 31.03.2011. Hence, the Demand Notice and Order of Attachment Annexure-E dated 28.02.2013 were no doubt issued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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