2004 (8) TMI 96

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....NAZKI J. - Heard learned counsel for both the parties and perused the record. The controversy is very short and mostly the material facts are not at dispute. The petitioners challenge a sale on the ground that the sale was effected beyond time. The dates which are material, as stated above, are not in dispute. The order became final somewhere in 1991-92 and according to rule 68B of the Income-t....

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....th the proviso to sub-rule (1) of rule 68B of the Act. The matter was also pending in the High Court and almost for a period of five years the High Court continued the stay. Therefore, senior counsel appearing for the respondents submits that the time during which the stay of the High Court remained operative has to be excluded. He also contends that one year's further time has to be granted becau....

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....not be amended by any authority whatsoever much less by the Board under its powers under section 119 of the Act. Senior counsel appearing for the respondents, on the other hand, submits that under rule 94 of the Act, the Board has power to issue circulars for removing difficulties. We fail to understand what difficulty was removed by the Board by amending a provision which had been enacted b....