9911796707
TMI Blog2020 (2) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.2017 and impugned order dated 27.12.2017 passed under Section 179 of Income Tax Act, 1961 for the AY 201011 by respondent no.2 against the petitioners (AnnexureP1 and P2) (b) Be pleased to quash and set aside the auction sale conducted on 24.01.2020 by respondent no.1 under second schedule of the Income Tax Act, 1961. (c) Pending hearing, admission and final disposal of this petition, be pleased to grant status quo qua properties depicted in the impugned auction Sale Notice dated 23.12.2019. (d) Cost of this petition. (e) Any other relief, order or direction which Hon'ble Court may deem just, fit, proper and equitable in the facts of the case." 2. This is a second round of litigation. We take notice of the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt due and payable by the Company, in which, the writ applicant is one of the Directors. As noted above, an order under Section 179 of the Act also came to be passed by the Assessing Officer. The order passed under Section 179 of the Act attained finality. The same was not challenged by the writ applicant at any point of time." 4. The Co-Ordinate bench took notice of the fact that the order under Section 179 of the Income Tax Act 1961 ( for short the "Act 1961) had been passed by the Assessing Officer and the same had attained finality. This Court also took notice of the fact that the same was not challenged by the writ-applicants at any point of time. We also take notice of the fact that the proclamation of sale was challenged by the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to put the immovable properties to auction. It is too late in the day for the writ-applicants to redress any grievance of any nature having not challenged the order passed under Section 179 of the Act1961 and having permitted the order to attain finality. At this point of time, it would not be appropriate for this Court to disturb the entire auction proceedings undertaken by the Department. 9. The company has defaulted in payment of income tax to the tune of Rs. 1907.90 Lakh. In such circumstances, even if the say of the writ-applicants is accepted that the company has to recover an amount of Rs. 694.60 Lakh, the company would not be in a position to make the payment of the outstanding tax liability. Therefore, when the order dated 27.12. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
