recovery order W.P.No.5971 of 2020 and W.M.P.No.7012 of 2020 C.SARAVANAN, J. The petitioner has lost the income tax case all the way upto the Hon’ble Supreme Court.
W.P.No.5971 of 2020 and W.M.P.No.7012 of 2020
C.SARAVANAN, J.
The petitioner has lost the income tax case all the way upto the Hon’ble
Supreme Court. 
- The petitioner is therefore liable to pay the Tax which was confirmed and affirmed by the Hon’ble Supreme Court together with interest. The petitioner had applied for waiver of interest under Section 220(2) read with Rule 5 Schedule II of the Income Tax Act, 1961.
- Initially, two properties of the petitioner were attached by the Income Tax Department and thereafter attachment of the residential property was raised. However, there was difficulty in auctioning the other property namely the Rice Mill. Therefore, the Income Tax Department did not proceed with the auction of the Rice Mill and therefore, by an order dated 21.11.2022, the Court had given liberty to the respondents to explore the possibility of either auctioning the property by itself or by permitting the petitioner to sell the property. The respondents chose the latter option.
- The auction has neither taken place till date nor the property has been sold by the petitioner, as a result of which, the interest is mounting and continues to mount. It is for the Department to bring the property to sale having attached the same to recover the tax and interest due from the
petitioner.
- Therefore, the Income Tax Department is directed to bring the property to auction in accordance with the provisions of the Income Tax Act, 1961 and the rules made thereunder within a period of eight weeks from today.
- List the matter on 02.09.2023 for reporting compliance.
05.07.2023
arb
C.SARAVANAN, J.
arb
W.P.No.5971 of 2020
and
W.M.P.No.7012 of 2020
05.07.2023
