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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY
Sree Gokulam Chit and Finance Co. P. Ltd. – Appellant
Versus
Tax Recovery Officer – Respondent
| Table of Content |
|---|
| 1. factual basis for tax recovery proceedings. (Para 1 , 2 , 3) |
| 2. arguments surrounding mortgage validity and tro authority. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis on the applicability of laws surrounding tax recovery and mortgages. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 30 , 31 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 4. legal determinations derived from analysis lead to final decision. (Para 39) |
| 5. final order and remedies provided by the court. (Para 40) |
ORDER :
SENTHILKUMAR RAMAMOORTHY, J.
Factual Background
An immovable property bearing Plot No.6A, Vanchi Nagar Extension, 7th Street, Korattur, Chennai-600 080 in S.No.1222, Korattur Village, Ambattur Taluk, Tiruvallur District, and admeasuring about 1288 sq.ft. was purchased by the third respondent herein under sale deed dated 26.02.2016 from Perfect Medical Enterprises (P) Limited. The third respondent had earlier filed the return of income for the Assessment Year (AY) 2011-12 electronically on 08.02.2012 admitting a taxable income of Rs.8,55,710/-. After being selected for scrutiny, notice under Section 143 (2) of the Income-tax Act, 1961 (the I-T Act) wa
The Tax Recovery Officer cannot declare a mortgage void ab initio, as transfers are only void against tax claims and privileges held earlier, highlighting the necessity of valid enforcement processes....
The Income Tax Department cannot claim properties auctioned under the KGST Act for tax dues, as the KGST Act establishes a first charge on such properties.
Mortgage - Auction sale of immovable property - Challenged - Auction sale of said Property conclusion of same in favour of Respondents. 3 and 3A and issuance of Sale Certificate are void and legally ....
A third party cannot challenge a mortgage created prior to their purchase of property, and the auction proceedings are valid if conducted according to law.
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