petition, additionally, it is
submitted that the language of Rule 68B would enable the
petitioner to raise a challenge to all the proceedings. Once they ... such aforementioned order has
already expired, as per provision under Rule 68B(1). The
attachment of the residential bungalow vide the impugned
attachment order dated
year available in case resale as provided under the proviso to rule 68B(1) is also taken into account, the sale is required ... held after the expiry of the period of limitation prescribed under Rule 68B and the if the sale is not completed within the prescribed period
time of limitation specified under this rule."
As per sub-rule (1) of Rule 68B, no sale of
immovable property would be made after ... that is the date on which the said Rule was
inserted. Sub-rule (4) of Rule 68B provides that where the
sale of immovable property
proposed sale is hit by the limitation period
prescribed under Rule 68B of the second schedule of the Income
Tax Act .
(ii) There ... department is that the
period of limitation prescribed under Rule 68B would apply
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which
adopted said Second Schedule for recovery. Perusal of Rule 68B shows that
immovable property cannot be sold under part-III of Schedule II, after ... Madras High Court has held
that this time limit and therefore Rule 68B in Second Schedule is not attracted
to recoveries under
hearing learned counsel for the parties and
considering the provisions of Rule 68B of the Second
1 of 2
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hearing learned counsel for the parties and
considering the provisions of Rule 68B of the Second
1 of 2
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challenged the order
of attachment principally on the ground that under Rule 68B of the Second
2 66- WP-4898-2023.odt
Schedule
Sapana Charudatt Randive vs The Asst. Commissioner Of Income Tax ... on 14 February, 2019
Author
well as Ss. 68B and 68FF and also the relevant rules and forms prescribed thereunder. It also appears that the special distinguishing mark assigned
