Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2004 (8) TMI 96

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... both the parties and perused the record. The controversy is very short and mostly the material facts are not at dispute. The petitioners challenge a sale on the ground that the sale was effected beyond time. The dates which are material, as stated above, are not in dispute. The order became final somewhere in 1991-92 and according to rule 68B of the Income-tax Act, 1961 (for short "the Act"), the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 68B of the Act. The matter was also pending in the High Court and almost for a period of five years the High Court continued the stay. Therefore, senior counsel appearing for the respondents submits that the time during which the stay of the High Court remained operative has to be excluded. He also contends that one year's further time has to be granted because in one of the auctions, the property .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r much less by the Board under its powers under section 119 of the Act. Senior counsel appearing for the respondents, on the other hand, submits that under rule 94 of the Act, the Board has power to issue circulars for removing difficulties. We fail to understand what difficulty was removed by the Board by amending a provision which had been enacted by Parliament. Even otherwise, we have not see .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates