2002 (10) TMI 77 - HC - Income Tax

A director of Pilot Pen Company (India) Private Ltd., the company under liquidation has filed the above application seeking a direction to the first respondent-official liquidator, High Court, Madras, to remit the admitted liability of Rs. 95,57,921 after waiving the demand for interest and penal interest claimed by various creditors. - All the above decisions clearly show the power of the company court under section 446(2)(b) of the Companies Act, 1956, which overrides any other law more particularly section 220(2) of the Income-tax Act, 1961. The only restriction is that the court has to satisfy on the facts of a particular case that the claim for statutory interest under the Income-tax Act would amount to hardship, cause grave miscarriage and injury to the contributories. - am of the firm view that this is a fit and proper case where the claim of the income-tax authorities for interest/penal interest should not be allowed, as this court has ample power to waive under section 446(2)(b) of the Companies Act, 1956, read with rule 9 of the Companies (Court) Rules, 1959. - In the light of what is stated above, the official liquidator is permitted to remit the admitted liability of Rs. 6,94,122 excluding the demand for interest and penal interest. It is made clear that the present order is confined to the demand for interest and penal interest in respect of income-tax liability of the company under liquidation.

Summary

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

Detailed Analysis:
The judgment involves an application by a director of a company under liquidation seeking 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 claimed by various creditors. The affidavit filed states that the total amount due by the company to various authorities and individual creditors is Rs. 2,07,67,007. The demand for wealth-tax and income-tax, along with interest components claimed under relevant tax laws, are detailed. The official liquidator's report indicates payments made towards tax liabilities. The applicant contests the demands for interest and penal interest, arguing that certain taxes are stayed or being contested, making the company not liable to pay interest. The applicant further argues that the interest component has arisen due to no fault of the company, as it is under liquidation with assets under custodia legis.

The court examines whether it has the power to waive interest and if the demand for interest/penal interest is justifiable. The court notes the absence of an order produced regarding waiver application filed by auditors representing the official liquidator. Various legal precedents are cited, emphasizing the power of the court in the winding up of a company to override claims for interest under tax laws if it would cause hardship or injustice. The court refers to specific cases where claims for interest under the Income-tax Act were disallowed by the court in the interest of fairness and justice to the company under liquidation and its creditors.

Considering the facts and circumstances, the court concludes that the claim for interest/penal interest by income-tax authorities should not be allowed. It asserts that the court has the power to waive interest under the relevant sections of the Companies Act, 1956. The official liquidator is permitted to remit the admitted liability excluding the demand for interest and penal interest in respect of income-tax liability of the company under liquidation. The court's decision is based on the detailed analysis of the tax liabilities, legal precedents, and the specific circumstances of the case, ensuring fairness and justice in the liquidation process.

In conclusion, the judgment addresses the application seeking waiver of interest and penal interest on tax liabilities of a company under liquidation. It provides a detailed analysis of the tax demands, legal precedents, and the court's power to waive interest under the Companies Act. The decision reflects a careful consideration of the facts, ensuring fairness and justice in dealing with the tax liabilities of the company during the liquidation process.