2001 (3) TMI 35

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..... not holding the sale within the period allowed by the rule. The consequence is that whatever might have happened or might have been done by an assessee or by the Revenue, if the sale is not held within the period specified in rule 68B, after excluding the period specified in rule 68B(2), the sale cannot be held after the expiry of that period of limitation specified therein and any order of attachment that might have been issued shall be deemed to have been vacated. Tax Recovery Officers are, therefore, required to be extremely alert and take steps promptly within the time frame provided in the rule. Any failure to do so will result in the Department being disabled from proceeding against the immovable property which might have been a .....

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..... er to postpone the sale. A request for postponement of the sale is not equated to an acknowledgment of the liability, so as to enable the Revenue to compute a fresh period of limitation. This is so because, after the demand against the defaulter has become conclusive or final, the admission or denial of the defaulter is wholly irrelevant to the enforcement of the demand. The defaulter is bound by the demand and the Revenue is entitled to enforce the same. The factual matrix in which the aforementioned rules are required to be applied in this case is that a proclamation of sale was issued on February 2, 1996, in respect of valuable immovable property, which had belonged to the mother of the petitioner, who was a partner in a firm, Raja an .....

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..... ad been received. Even if he had, that would not make any difference. The rule appears to be a rigid one. The reason for the rigidity apparently is the need to ensure prompt recovery of the Revenue, by requiring the authorities concerned to take action within the period prescribed and not to tarry or be dilatory. The rule is not one which can be waived by the defaulter. The rule is not one which provides an option to the defaulter or to the Revenue. All parties are bound by the rule. Any sale of immovable property after the limitation prescribed therein would be clearly illegal and void. 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 a .....

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