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Judgment Search Results Home > Cases Phrase: income tax act Court: drat madras Year: 2004 Page 1 of about 4 results (0.082 seconds)

Apr 26 2004 (TRI)

ing Vysya Bank Ltd. and ors. Vs. Shree Arcee Steels Pvt. Ltd. and

Court : DRAT Madras

Decided on : Apr-26-2004

Reported in : IV(2004)BC112

..... to sale and when there is proper hypothecation to the bank with regard to those machineries.9. rules 60 and 61 of the second schedule of the income-tax act states that if the sale has to be set aside the applicant has to deposit the amount. rule 61 (b) states "an application made by ..... auction was quite legal and valid and it was never challenged within 30 days as contemplated under rules 60 and 61 of the second schedule of income-tax act and there was no prejudice to the judgment debtors and the confirmation of sale cannot be called in question and the appeal is devoid of any ..... the drat, chennai was formed and the matter came to drat, chennai and from this drat it went to drt, bangalore because of some amendment under the act and the drt, bangalore, set aside the confirmation of sale and remanded the matter to the recovery officer. as against that order, these appeals are being ..... decree was also passed by the civil court. when execution petition (e.p. no. 60/1994) was filed before the civil court, the rddb & fi act, 1993 came into force and the case was transferred to drt, bangalore, and all further proceedings in pursuance of the execution petition were taken before the drt ..... was entered into and they allowed everything to be recovered by way of initiating execution proceedings only. even though they promised to act as per the terms of compromise they never acted and the property has been sold in the year 1997 and the matter has been dragged on and being agitated till the year .....

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Apr 22 2004 (TRI)

State Bank of India Vs. V. Chakrapani and ors.

Court : DRAT Madras

Decided on : Apr-22-2004

Reported in : III(2004)BC269

..... to the recovery only under the provisions of the income tax act, which is made applicable under section 29 read with section 34 of the rddb & fi act. "application of certain provisions of income-tax act--the provisions of the second and third schedule to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from ..... the heading in section 29 itself indicates that only certain provisions of the income tax act shall be applicable i.e. provisions of second and third schedule to the income tax. so the whole of income tax act is not applicable under the rddb & fi act and also the provisions of section 245-1 or chapter xx. the amount ..... provisions of section 245-1 or, as the case may be, final in terms of the provisions of chapter xx." 8. rule 68b of the income tax act stales that amount for recovery of which immovable property has been attached that has become conclusive under the provisions of section 245-1, or as the ..... of rule 48 i.e. attachment and not clearly in view of the language used under rule 68(b) of the second schedule to the income tax act, 1961 to the effect that no sale of immovable property shall be made under this part after expiry of 4 years and in the present ..... 2. the recovery officer in his order dated 28.8.2002 has found that the demand notice under rule 2 of the second schedule of income tax act, 1961 were issued under part-1 of the rules whereas attachment of the property is provided under rule 48 of the said rules and service .....

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Nov 18 2004 (TRI)

State Bank of India Vs. D. Venkataramana Reddy and anr.

Court : DRAT Madras

Decided on : Nov-18-2004

Reported in : I(2005)BC113

..... of the objector and the learned presiding officer committed error in curtailing the power of the recovery officer conferred upon him by rule 11 of the second schedule to the income-tax act, 1961. the impugned order of the learned presiding officer of drt, hyderabad, therefore, will have to be set aside and the appeal will have to be allowed.accordingly, following order ..... mr. g.r. swaminathan, for the respondent.10. i have also gone through the proceedings including the relevant rule i.e. rule-11 (6) of the second schedule to the income tax act, 1961, the order passed by the recovery officer and the order passed by the learned presiding officer of drt, which is impugned in the present appeal and in my view ..... was a decree of the civil court and holding that the finding of the civil court was binding upon him. quoting rule 11(6) of the second schedule to the income tax act, 1961, the learned presiding officer also held that order of the recovery officer will be subject to the result of an order of a civil court. holding this, appeal filed ..... only way in which he can investigate the claim of the claimant as envisaged by rule 11 of the second schedule to the income-tax act, 1961.19. sub-clause (6) of rule 11 of the second schedule to the income-tax act, 1961, states that the party against whom an order is made can always file a suit in the civil court to establish the .....

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Oct 12 2004 (TRI)

The CochIn Malabar Estates and Vs. the Federal Bank Ltd. and anr.

Court : DRAT Madras

Decided on : Oct-12-2004

Reported in : I(2005)BC160

..... rs. 15 crores was far fetched.12. it is revealed that proclamation also has been issued by the recovery officer as per rule 54 of the second schedule to the income-tax act. sub-rule (2) of rule 54 states that where the recovery officer so directs, the proclamation shall also be published in the official gazette or in a local newspaper or ..... . the learned advocate appearing for the bank was insisting that in view of the fact appellant had not complied with these provisions of the second and third schedules to the income-tax act, 1961, which are applicable to the recovery proceedings before drt, the application made by the appellant to set aside the sale was not maintainable at all. however, the learned po ..... .5.2004. this is the chequered history of the matter.7. objection was taken by the bank's advocate that as per rule 60 of the second schedule to the income-tax act, 1961, which is applicable to the recovery proceedings before drt while challenging the sale, appellant had not deposited within 30 days the sum equal to the entire amount, if the ..... the order made by the recovery officer in exercise of his powers under sections 25 to 28 (both inclusive).8. section 29 of the rddb&fi act, 1993, states about application of certain provisions of income-tax act. but in view of the non obstante clause in section 30 appeal was maintainable because the said non obstante clause clearly shows that irrespective of the .....

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