TMI Blog2004 (8) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... giving rise to a demand of any tax, interest, fine, penalty or any other sum had been attached had become conclusive - Rule 68B(1) of the Act as on today lays down the period of three years alone and the notification referred to by the respondents has no effect at all. Therefore, clearly the sale was carried out beyond time and as such is set aside - The writ petition is allowed - - - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld start running from March 31, 1993, since rule 68B of the Act itself was incorporated by the Finance Act, 1992, with effect from June 1, 1992. Therefore, June 1, 1992, was taken as a date for reference. The assessment, in the present case, has been completed before June 1, 1992. In between, the Department tried to auction the property but cancelled the auction because the price procured in such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the auction, which was conducted on February 19, 2003, was within time, as the order had become conclusive by the deeming provision in rule 68B(3) of the Act by March 31, 1993. Learned counsel for the petitioners does not dispute this factual position but he contends that the so called amendment to rule 68B by Notification No. 9995 could not be given effect to as it was ultra vires. He ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
