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TMI Blog2015 (9) TMI 1626X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed by the High Court. Admittedly, it is this order dated 8.4.1987 which was the subject matter of appeal before this Court and the appeal was dismissed on 16.01.2001. Therefore, the order dated 8.4.1987 passed by the Bombay High Court had not attained finality. We find that the proceedings got finalized only on 16.01.2001 [2001 (1) TMI 1001 - SUPREME COURT] when the appeal of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 144 read with Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') and re-assessment proceedings started on that basis. The assessment was done vide order dated 26.3.1970 and the appeal of the assessee before the Commission of Income Tax (Appeals) was dismissed on 02.02.1972. The assessee preferred further appeal before the Income Tax Appellate Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax that was assessed and in these circumstances the Tax Recovery Officer issued recover certificate dated 11.11.2003 for recovery of the tax due under the assessment as modified by the Tribunal. The validity of this certificate was challenged by filing a writ petition in the High Court on the ground that the certificate was not issued within four years as stipulated in Rule 52. The High Court h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... namely on 08.04.1987 when the High Court had passed the order dismissing the application of the assessee under Section 256(2) of the Act or on 16.01.2001 when this Court had dismissed the civil appeal of the respondent. From the narration of facts mentioned above it becomes clear that order of the Tribunal refusing to refer certain questions to the High Court for its opinion, was challenged by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 87 passed by the Bombay High Court had not attained finality. On the aforesaid facts, we find that the proceedings got finalized only on 16.01.2001 when the appeal of the assessee was dismissed by this Court. If the period of limitation is reckoned from that date the certificate issued on 15.7.2004 is well within four years of limitation provided under law. The recovery certificate was, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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