1981 (10) TMI 38 - HC - Income Tax

Summary

Issues:
1. Maintainability of the petition under section 392 of the Companies Act.
2. Interpretation of the scheme of reconstruction approved by the court.
3. Liability of the company regarding income-tax demands on foreign collaborators.
4. Jurisdiction of the court under section 392 to issue directions.
5. Applicability of section 231 of the Income Tax Act on the demands made.

Detailed Analysis:
1. The petition was filed under section 392 of the Companies Act by a company seeking a declaration that no income-tax is due on know-how fees under a collaboration agreement. The respondent raised a preliminary objection on the maintainability of the petition under section 392.
2. The company was initially ordered to be wound up but later reconstructed under a court-approved scheme. The scheme mentioned that there were no income-tax dues from the company due to past losses. The court approved the scheme with specific directions on liabilities, including tax payments under certain acts.
3. The income-tax demands were issued to the company for amounts due by foreign collaborators. The company argued that the demands were contrary to the court-approved scheme and that the liability was on the collaborators, not the company itself.
4. The court analyzed its jurisdiction under section 392 to issue directions and found that it should relate to the sanctioned scheme or its working for reconstruction. As the demands on foreign collaborators were not part of the reconstruction scheme, the court held that it lacked the power to intervene in such matters.
5. Regarding the applicability of section 231 of the Income Tax Act, the court ruled that the company should seek remedies under other laws for challenging regular assessments, as the company court could not set aside such assessments. The petition was ultimately rejected based on the preliminary objection raised.

In conclusion, the court rejected the petition under section 392 of the Companies Act, upholding the preliminary objection on maintainability. The judgment clarified the limitations of the court's jurisdiction in issuing directions related to reconstruction schemes and tax liabilities of foreign collaborators, emphasizing the need to seek remedies under relevant laws for challenging income tax assessments.