ORDER OF ATTACHMENT DTD. 28.02.2013 AS BARRED BY TIME
UNDER RULE 68B OF SECOND SCHEDULE TO INCOME TAX ACT,
PRODUCED AND MARKED AS ANNEXURE ... penalty or
any other sum, has become final.
6. Sub rule (4) of Rule 68B of II Schedule further
clarifies that where the sale
counsel Sri.V.Srinivasan
Raghavan next contended that in terms of Rule 68B of
the Second Schedule to Income Tax Rules, no sale of
immovable ... attachment. In that
regard, learned senior counsel takes us through Rule
68B as well as the decision of the Hon'ble Apex Court
contend that the attachment is beyond the
limitation contemplated under Rule 68B of the
Second Schedule. The first respondent, while
rejecting the petitioners' case ... raised the ground of
limitation in view of the provisions of Rule 68B of
the IT Act, but his endeavour would be to
persuade this
provisions of Section 68B of the Act, It reads :
"The provisions of this Chapter and the rules and orders made thereunder shall have effect ... express legislative pronouncement in Section 68B that the provisions of Chapter IV-A and the rules and orders made thereunder shall have effect notwithstanding anything
filed by
the petitioners/defendant Nos.1 to 4 under Order VII Rule
11 (D) CPC , the petitioners/defendant Nos.1 to 4 are
before ... Rule
17A of the Karnataka Excise (General Conditions) Rules,
1967 [for short, 'the Rules'] and Sections 61 , 62 and 68B
of the Karnataka
section (2)"
Section 68B provides that the provisions of Chapter IV-A and the Rules and orders made thereunder shall have effect notwithstanding anything
grant permits. Section 68B of the Act, specifically provides that the provisions of Chapter IVA of the Act and the Rules and orders made thereunder
that is evident from Section 68B, which reads as follows:-
"The provisions of this Chapter and the Rules and orders made thereunder shall have
fentral Excise
Rules 194-fl, «'E._o'rderijpconfiécatioriof V indigenous Capital
Goods oaiited 'Rs-;.5,'0g,.§8,..68B/"Lg procured
However, respondents took defence of bar of jurisdiction in
view of Section 68B of Karnataka Excise Act, 1965. In view of
same, petitioner was constrained ... create third party rights insofar as CL-9 licences. It was
submitted, Rule 17-A of Karnataka Excise Licenses (General
Conditions) Rules, 1967, provided
