Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
An attachment and proclamation of sale under the tax recovery...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismissed
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
An attachment and proclamation of sale under the tax recovery scheme was challenged as barred by the threeyear limitation in Rule 68B. The court held that where a party bypasses seeking a certificate of appeal and files a special leave petition, the assessment did not attain finality until the Supreme Court dismissed the SLP, so limitation is reckoned from the end of that financial year; the challenged proclamation (12.06.2018) fell within the Limitation period and is valid. Failure to sell within the period triggers a statutory vacation of the attachment, but Part III does not extinguish other rights to recover dues; a subsequent limited certificate claim did not prevail. Writ petition dismissed.
An attachment and proclamation of sale under the tax recovery scheme was challenged as barred by the threeyear limitation in Rule 68B. The court held that where a party bypasses seeking a certificate of appeal and files a special leave petition, the assessment did not attain finality until the Supreme Court dismissed the SLP, so limitation is reckoned from the end of that financial year; the challenged proclamation (12.06.2018) fell within the Limitation period and is valid. Failure to sell within the period triggers a statutory vacation of the attachment, but Part III does not extinguish other rights to recover dues; a subsequent limited certificate claim did not prevail. Writ petition dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
