Limitation under Rule 68B bars fresh sale proclamation once the prescribed period expires without sale of attached immovable property.

Rule 68B of the Second Schedule to the Income-tax Act prescribes a limitation period for sale of attached immovable property, and if the sale is not effected within that period, the attachment is deemed vacated under rule 68B(4). Where no sale had been held pursuant to the earlier proclamation and none of the proviso-based extensions applied, the statutory bar operated against issuing a fresh proclamation. A fresh proclamation of sale could therefore not validly be issued in respect of the attached properties.

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Issues: Whether, in the absence of a sale being held within the period prescribed under rule 68B of the Second Schedule to the Income-tax Act, 1961, any fresh proclamation of sale could still be issued in respect of the attached immovable properties.

Analysis: Rule 68B(1) prescribes the period within which sale of attached immovable property must be effected, and rule 68B(4) deems the attachment to have been vacated if the sale is not made within the limitation period. Rule 68B(3) addresses the computation of the relevant date for properties attached before 1 June 1992. As no sale had been held pursuant to the earlier proclamation and none of the circumstances in the proviso to rule 68B extended the period, the statutory bar against a fresh proclamation had become operative.

Conclusion: A fresh proclamation of sale could not be issued, and the petitioner was entitled to a declaration to that effect.

Final Conclusion: The petition was substantially allowed to the extent of restraining further sale proceedings under the barred proclamation, while leaving the petitioner's title claim open.

Ratio Decidendi: Once the limitation period under rule 68B for sale of attached immovable property expires without the sale being effected, the attachment stands vacated and no fresh proclamation of sale can validly be issued unless the proviso to the rule applies.

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