2014 (12) TMI 1295 - HC - Indian Laws

Auction procedure - Held that - The procedure contemplated under Rule 60 and 61 of Schedule-II of Income Tax Act, 1961 and the petitioner having not exercised his right to set aside the sale of the property under Section 30 of the Act within the stipulated time, we are of the view that the Auction Purchaser is entitled to have the sale certificate of Schedule-II property and the petitioner is entitled to get refund of the amounts deposited with accrued interest, if any. There is no merit in the writ petitions and the same are dismissed.

Summary

Issues Involved:
1. Validity of the Debt Recovery Appellate Tribunal's orders.
2. Petitioner's right to redeem the mortgaged property.
3. Compliance with Rule 60 and 61 of Schedule-II of the Income Tax Act, 1961.
4. Rights of the Auction Purchaser.
5. Procedural compliance by the Recovery Officer.

Detailed Analysis:

1. Validity of the Debt Recovery Appellate Tribunal's Orders:
The petitioner challenged the orders of the Debt Recovery Appellate Tribunal (DRAT), Chennai, in M.A. No. 67 of 2014 and M.A. No. 130 of 2013. The orders pertained to the auction and sale of the mortgaged property to recover the loan amount. The petitioner contended that the DRAT failed to appreciate the legal provisions correctly and sought to quash the orders.

2. Petitioner's Right to Redeem the Mortgaged Property:
The petitioner argued that he should be allowed to redeem the mortgaged property as he had deposited a total sum of Rs. 20 lakhs. He claimed that his right to redeem the property was recognized by the DRAT and that no order of confirmation of the sale had been passed, thereby not creating a vested right in favor of the Auction Purchaser. The petitioner further contended that the Recovery Officer should have sold only the portion of the property necessary to satisfy the loan amount, as per Rule 52(1) of Schedule-II of the Income Tax Act, 1961.

3. Compliance with Rule 60 and 61 of Schedule-II of the Income Tax Act, 1961:
The Bank and the Auction Purchaser argued that the petitioner failed to comply with the mandatory conditions under Rules 60 and 61 of Schedule-II of the Income Tax Act, 1961. These rules require the defaulter to deposit the entire recoverable amount within 30 days from the date of sale to set aside the auction. The petitioner did not file the application for redemption within the stipulated time and did not deposit the required amount, thus losing the right to redeem the property.

4. Rights of the Auction Purchaser:
The Auction Purchaser contended that she participated in the auction in good faith, paid the entire sale consideration, and a sale certificate was issued in her favor. She argued that the petitioner's failure to comply with the statutory provisions should not affect her right to retain the property. The Supreme Court's judgment in Janatha Textiles v. Tax Recovery Officer was cited, which upheld the rights of the Auction Purchaser unless fraud was involved in the auction process.

5. Procedural Compliance by the Recovery Officer:
The Recovery Officer conducted the auction and issued the sale certificate following the legal procedures. The petitioner's application to limit the sale to Schedule-I property was dismissed due to the insufficient value of the property to cover the loan amount. The Recovery Officer's actions were in compliance with the relevant rules and regulations, and the petitioner's subsequent applications and appeals did not meet the required legal standards.

Conclusion:
The High Court dismissed the writ petitions, holding that the petitioner failed to comply with the mandatory conditions under Rule 60 and 61 of Schedule-II of the Income Tax Act, 1961. The Auction Purchaser's rights were upheld, and the petitioner was entitled to a refund of the amounts deposited with accrued interest. The court emphasized the importance of adhering to statutory provisions and procedural rules in debt recovery and auction processes.