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    <title>2005 (9) TMI 38 - BOMBAY High Court</title>
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    <description>Rule 68B of the Second Schedule to the Income-tax Act requires sale of attached immovable property to be completed within the prescribed limitation period from the date the demand becomes final or conclusive. Time is excluded under rule 68B(2) only when the relevant levy, attachment, sale, or appeal proceedings are stayed as contemplated by the rule. Mere pendency of a miscellaneous application, without any stay of recovery or sale, does not extend limitation. Because the demand had attained finality on 15 June 1994 and the sale took place on 30 March 2004, the sale was beyond time and invalid, and confirmation of sale was liable to be set aside.</description>
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    <pubDate>Tue, 20 Sep 2005 00:00:00 +0530</pubDate>
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      <title>2005 (9) TMI 38 - BOMBAY High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=9462</link>
      <description>Rule 68B of the Second Schedule to the Income-tax Act requires sale of attached immovable property to be completed within the prescribed limitation period from the date the demand becomes final or conclusive. Time is excluded under rule 68B(2) only when the relevant levy, attachment, sale, or appeal proceedings are stayed as contemplated by the rule. Mere pendency of a miscellaneous application, without any stay of recovery or sale, does not extend limitation. Because the demand had attained finality on 15 June 1994 and the sale took place on 30 March 2004, the sale was beyond time and invalid, and confirmation of sale was liable to be set aside.</description>
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