Supreme Court · 1965 INSC 98 · Decided 9 April 1965

Union of India and ANR. v. India Fisheries (P) LTD.

Court
Supreme Court of India
Citation
1965 INSC 98 · [1965] 3 S.C.R. 679
Case number
CIVIL APPEAL No. 211/1964
Decided
9 April 1965
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 226; Companies Act Section 228, 229, 179; Income Tax Act Section 49E, 48

Headnote

Incqme Tax Act 1922, s. 49E-Department's power to set off r•­ fundable amount against tax remaining due-Whether available in respect of tax due from company in liquidation-Whether subject to ss. 228 and 229 of the Companies Act, 1913. The respondent company was directed to be wound-up and in October, 1950. In December, 1950, the respondent was assessed to tax amount­ ing to Rs. 8737 /- for the year 194&-49. A claim made for this tax on the official liquidator was adjudged and allowed as an ordinary claim and certified as such in April, 1952. The Liquidator declared a

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