Official Liquidator, Golcha PropertiePrivate Ltd. (In Liquidation) vs Income Tax Officer & Ors.

Authority: High Court Date: 1972-03-22 Section: 178(3) Acts: Companies Act 1956, Income Tax Act 1961 Result: Assessee Citation: (1974) 94 ITR 11 (RAJ) Justices: P.N. Shingal, J. Appeal No: Company Misc. Appln. No. 2 of 1972 in Company PetitionNos. 9 & 10 of 1966
Whether the Income Tax Officer can issue a notice under Section 178 of the Income Tax Act 1961 to the official liquidator of a company in winding up, requiring him to set aside Rs. 41 lakhs for tax payment, without obtaining leave of the court under Section 446 of the Companies Act 1956 and in violation of the priority rules under Section 530 of the Companies Act 1956 --- Held No.

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