Law:

Section:

Section 222 read with rules 61 and 63, of the Second Schedule to the Income-tax Act, 1961 - Collection and vhrecovery of tax - Certificate proceedings - For assessment years 1980-81 to 1987-88 assessments were completed and demand was raised against assessee - On appeal, Commissioner (Appeals) reduced demand to some extent - Pending assessee's appeals before Tribunal, department initiated recovery proceedings and issued a warrant of attachment of shop to recover outstanding dues - Sale price of shop was fixed as per department valuer's report - Meanwhile, Tribunal allowed appeals filed by assessee relating to assessment years 1980-81 to 1986-87 and rejected appeal for assessment year 1987-88 - Further, Tribunal finalized assessment for assessment years 1990-91 to 1992-93, thereby creating additional demands against assessee - Assessing Officer took note of said orders of Tribunal and informed TRO that in view of assessment orders for assessment years 1990-91 to 1992-93, total outstanding tax against assessee was Rs. 31,67,941 - Demand notices were served on assessee but he failed to comply with those whereafter auction sale of shop was carried out - Assessee contended that said auction was void and illegal inasmuch as reserve price was not fixed correctly and that no fresh proclamation of sale was issued after Tribunal's order - Whether since assessee could not point out any error or defect in process of valuing shop by department's valuer while fixing its reserve price and further, there was no evidence on record to show that shop fetched a price lesser than market price prevalent at relevant time in locality, contention of assessee in that regard was to be rejected - Held, yes - Whether when there was no inaccuracy or error in sale proclamation when it was drawn up, sale held in pursuance of that proclamation could be held to be invalid - Held, no - Whether further when in entire writ petition or objections filed before authorities below, there was no whisper as to how assessee had sustained substantial damages in conducting sale or in confirming auction sale, even if there was some variance with regard to actual demand against him, sale could not be set…

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