Supreme Court · 2008 INSC 699 · Decided 16 May 2008
Janatha Textiles & ORS. v. Tax Recovery Officer & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 699 · [2008] 8 S.C.R. 1148
- Case number
- CIVIL APPEAL No. 6539/2003
- Decided
- 16 May 2008
- Bench
- ASHOK BHAN, DALVEER BHANDARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Income Tax: c Auction sale of attached property for recovery of debt - Registered partnership firm - In arrears of tax - For recovery of outstanding dues, agricultural land owned by partners at- tached and sold in public auction - Sale challenged on vari- ous grounds - Rights of bona fide party auction, purchaser's interest in the auctioned + D property continues to be protected notwithstanding that the underlying decree is subsequently set aside or otherwise - Clear distinction between a stranger who is a bona fide pur- chaser of the property at an auction sale and a decree
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