Maniyan Sureshkumar Vs Tax Recovery Officer-1 (Madras High Court)
Madras High Court held that extension of period for bringing immovable property to sale by auction is justifiable since time limit got extended as per proviso to rule 68B. Thus, writ petition stands dismissed.
Facts- An Assessment Order was passed by AO u/s. 143(3) of the Income Tax Act, 1961. No appeal was filed by the petitioner. Thus, the Assessment Order dated 07.12.2011 attained finality as no appeal was filed. The petitioner was also issued with a Penalty Order dated 29.06.2012 u/s. 271(1)(c) of the Income Tax Act, 1961. Aggrieved by the same, the petitioner has filed an appeal before CIT(A), however, the same was dismissed and no further appeal was filed by the petitioner. Thus, both the orders of attained finality and liability against the petitioner stood confirmed.
Since the amount that was assessed to be paid by the petitioner had remained unpaid, the petitioner’s property was attached on 27.01.2015. However, no sale was made pursuant to the aforesaid Attachment Order dated 27.01.2015.
A Second Attachment Order came to be passed on 10.02.2021.In response to the same, the petitioner filed an application before the respondent with a prayer to drop the proceedings in the light of limitation under Rule 68(B) of the Second Schedule to the Income Tax Act, 1961.
