2002 (10) TMI 410 - HC - Companies Law

Summary

Issues:
Application seeking direction to Official Liquidator to remit admitted liability after waiving interest and penal interest claimed by creditors.

Detailed Analysis:

1. Admitted Liability and Interest Claims:
The applicant, a director of a company under liquidation, sought a direction to the Official Liquidator to remit the admitted liability of Rs. 95,57,921 while waiving the demand for interest and penal interest by various creditors. The total amount claimed by creditors was Rs. 2,07,67,007, including wealth-tax, income-tax, property tax, urban land tax, water tax, and commercial tax. The applicant argued that the demand for interest was unjustified as certain taxes were stayed or being contested, and the company's fund position was sufficient to cover the admitted amount. The applicant contended that the interest component or disputed liability arose due to no fault of the company.

2. Legal Authority to Waive Interest:
The court examined its power to waive interest and penal interest demands in such cases. While noting a previous direction to the Official Liquidator to seek waiver of interest, the court emphasized the need for a formal order to that effect. Referring to relevant judgments, the court highlighted the power of the company court under section 446(2)(b) of the Companies Act, 1956, to override other laws, such as section 220(2) of the Income-tax Act, 1961, if the interest claim would cause hardship or miscarriage of justice. The court cited various precedents where claims for interest were disallowed to protect the interests of contributories during liquidation.

3. Judicial Precedents and Legal Interpretation:
The court discussed several legal precedents, including cases where the company court's authority to scrutinize and disallow interest claims under the Income-tax Act was upheld. Notably, the court referred to instances where interest claims were rejected to prevent injustice or injury to contributories. The court emphasized the need for a case-specific assessment of whether interest demands would lead to hardship or miscarriage of justice, as mandated by the Companies Act provisions.

4. Final Decision and Order:
Based on the factual details provided by the applicant and in consideration of the judicial precedents, the court concluded that the claim for interest and penal interest on income-tax liability should be waived. The Official Liquidator was permitted to remit the admitted liability of Rs. 6,94,122, excluding interest and penal interest demands. The court clarified that the order was specific to the interest and penal interest demands related to income-tax liability of the company under liquidation, as requested in the application.

In conclusion, the judgment addressed the issues of admitted liability, interest claims, legal authority to waive interest, relevant judicial precedents, and the final decision to permit remittance of admitted liability while disallowing interest and penal interest demands on income-tax liability during the liquidation process.