1987 (11) TMI 65

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.... J.-The validity of sale of the petitioner's property in question in lieu of arrears of income-tax and wealth-tax for years 1965-66 to 1975-76 except 1969-70 and 1970-71, on 4th and 18th March, 1986, has been challenged for want of jurisdiction and violation of the provision of law. From the counter-affidavits filed by the Income-tax Officer and the Tax Recovery Officer, it is apparent that the....

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.... amount as interest. Intimation of the appellate order was given by the assessee in March, 1977. And yet the demand was not modified. In the counter-affidavit filed by the Tax Recovery Officer, it is stated that intimation about reduction of demand in appeal was received in July and August, 1986, that is, both after the sale had taken place and its confirmation had been stayed by this court. Th....

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....ine Henderson Ltd. [1979] 118 ITR 112 (SC), it was held that a sale held on a certificate which had been reduced was invalid. The argument of learned standing counsel and the stand in the counter-affidavit of the Income-tax Officer that the sale should not be quashed as the petitioner is in arrears of Rs. 36 lakhs odd is misconceived as even till the date of filing of the counter-affidavit in S....