The Tax Publishers2020 TaxPub(DT) 2584 (SC)

INCOME TAX ACT, 1961

Section 261 Section 179

Where the assessee preferred SLP to appeal against the judgment of Gujarat High Court in Gauravbhai Hargovindbhai Dave v. TRO [R/Special Civil Application No. 3661 of 2020, dt. 10-2-2020] : 2020 TaxPub(DT) 1133 (Guj-HC), whereby the High Court held that it was too late in the day for writ-applicants to redress any grievance of any nature having not challenged the order passed under section 179 and having permitted the order to attain finality. It was not appropriate for court to disturb entire auction proceedings undertaken by department. Therefore, when order passed under section 179 has attained fianlity and was implemented with auction of the immovable properties, no interference was called for at that belated stage, the Supreme Court ordered that application for extension of time is allowed till 31-7-2020. However, if for any reason, whatsoever, the entire amount is not deposited, the Special Leave Petition will stand dismissed without further reference to the court.

Appeal (Supreme Court - Special leave petition - Liability in special cases - Proceedings against directors of private company--Auction of immovable properties

Assessee preferred SLP to appeal against the judgment of Gujarat High Court in Gauravbhai Hargovindbhai Dave v. TRO [R/Special Civil Application No. 3661 of 2020, dt. 10-2-2020] : 2020 TaxPub(DT) 1133 (Guj-HC), whereby the High Court held that it was too late in the day for writ-applicants to redress any grievance of any nature having not challented the order passed under section 179 and having permitted the order to attain finality. It was not appropriate for court to disturb entire auction proceedints undertaken by department. Therefore, when order passed under section 179 has attained fianlity and was implemented with auction of the immovable properties, no interference was called for at that belated stage.Held: The Supreme Court ordered that application for extension of time is allowed till 31-7-2020. However, if for any reason, whatsoever, the entire amount is not deposited, the Special Leave Petition will stand dismissed without further reference to the court.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT