The Punjab and Haryana High Court addressed the legal right of a ...

Legal right to challenge auction of HUF properties granted. Lis Pendens principle upheld. Auction purchasers not protected.

Case Laws Income Tax

June 3, 2024

The Punjab and Haryana High Court addressed the legal right of a Hindu Undivided Family (HUF) to challenge auction proceedings of properties owned by the HUF. The court held that the HUF had the legal standing to challenge the auction, rejecting objections raised by auction purchasers. The court found the auction proceedings null and void due to a fictitious tax demand and invoked the principle of lis pendens. It ruled that no rights were created in favor of auction purchasers who proceeded with knowledge of pending legal proceedings. The court ordered restoration of the properties to the HUF, declaring any subsequent transfers void. Income Tax Authorities were directed to refund auction proceeds with interest and pay costs to the petitioner. The court emphasized the need for a new interpretation of auction laws, citing relevant Supreme Court precedents. The judgment rendered the assessment order and interest demand null and void.

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The Punjab and Haryana High Court addressed the legal right of a ...

Legal right to challenge auction of HUF properties granted. Lis Pendens principle upheld. Auction purchasers not protected.

Case Laws Income Tax

June 3, 2024

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