in August, 1954, the Official Liquidator declared a dividend of 9 1/2 annas in a rupee and paid to the Income Tax Department a sum of Rs.
8,737/15/ .
3,549/12 still remained payable to the Income Tax Department from the assets of the respondent.
2,565/6/ , Rs.
Appeal from the judgment and order dated February ,22, 1961 of the Bombay High Court in Miscellaneous Application No.
1,1 26/12/was assessed as payable by the respondent.
The respondent filed a revision petition to the Commissioner of Income tax, but the said petition was rejected by the Commissioner on September 21.
After adjusting this sum against the advance payment of Rs.
1,460/1/became refundable to the respondent, inclusive of interest.
Niren De, Additional Solicitor General, R. Ganapathy lyer and R.N. Sachthey, for the appellants.
On or about March 15.
133 1 c of the Constitution is directed against the judgment of the said High Court in a petition under Art.
On November 25, 1959, the respondent filed a petition under art.
For the year 1955 56, the Department made a demand from the respondent on June 22, 1954, for a sum of Rs.
1951, the Income Tax Officer lodged a claim in respect of this tax with the Official Liquidator.
226 of the Constitution filed by the respondent.
The High Court held that the demand of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1950, the tax being assessed at Rs.
He further prayed for any further writ, direction or order restraining the Department from setting off the refund against the tax dues and directing them to hand over the balance to the Official Liquidator.
2,565/6/ as advance tax.
V. Viswanatha Sastri, T.A. Ramachandran, J.B. Dadachanji, O.C. Mathur and Ravinder Narain, for the respondents.
being adjudged and certified, came to have all the incidents and character of an unsecured debt payable by the Official Liquidator to the Department.
226 of the Constitution and prayed for a writ, direction or order for setting aside the orders of the Income Tax Officer and the Income Tax Commissioner.
352 of 1959.
The India Fisheries P Ltd. hereinafter called the respondent was a private limited companypany and was directed to be wound up by an order of the Bombay High Court, dated October 11, 1950, and a Court Liquidator was appointed as the Official Liquidator thereof with all powers under s. 179 of the Indian Companies Act.
3,549/12/which was still outstanding in respect of the Income tax demand for the year 1948 49.
211 of 1964.
Instead refunding the said balance to the respondent, the Income Tax Officer set off the said amount against the balance of Rs.
That claim was adjudged and allowed as an ordinary claim and certified as such on April 2 1952.
On a regular assessment being made for the said year, only Rs.
1913 VII of 1913 to be exercised by him under s. 180 without sanction or intervention of the Court save and except in case of sales of immovable property belonging to the respondent.
For the assessment year 1948 49, the respondent was assessed on December 8.
The Judgment of the Court was delivered by Sikri, J. This appeal is in pursuant to a certificate of fitness granted by the High Court of Maharashtra at Bombay under Art.
holding that the action of the Income Tax Officer was perfectly justified under the provision of s. 49E of the Income Tax Act.
8.737/12/ in respect of the assessment year 1948 49.
5,188/3/ against the claim made by the Income Tax Officer as an ordinary creditor.
Thus a balance of Rs.
This was paid by the Official Liquidator.
