MOHAN WAHI vs COMMNR. INCOME TAX, VARANASI . — C.A. No. 2488/2001
Case under Section III-A. Status: Disposed.
CNR: SCIN010062122000
Filing Date
10-Apr-2000
Registration No
C.A. No. 2488/2001
Diary Number
6212/2000
Order Date
30-Mar-2001
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 03-Jun-2026
Acts & Sections
Petitioner(s)
-
1.MOHAN WAHI
Adv. SURUCHII AGGARWAL (Dead / Retired / Elevated)
Respondent(s)
-
1.COMMNR. INCOME TAX, VARANASI .
Adv. SUSHIL KUMAR JAIN
Case History
Case Summary: Mohan Wahi v. Commissioner of Income Tax, Varanasi The Supreme Court set aside a property sale held for tax recovery, ruling that the Tax Recovery Officer cannot confirm a sale after tax demands have been reduced to nil. The Court held that service of a demand notice under Section 156 of the Income Tax Act is mandatory and foundational to recovery proceedings—non-service renders such proceedings invalid. Since demands against the firm UPCC had ceased to exist by 1996-1997 (a fact known to tax authorities), the 1998 confirmation was improper. This case analysis is maintained by casestatus.in based on publicly available court records.
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