1968 (1) TMI 3 - HC - Income Tax

Winding Up of company - by way of bank deposits liquidator made investment on interest - held that interest on investment earned by liquidator liable to tax

Summary

Issues:
- Declaration of final dividend in a winding-up case
- Tax liability on interest received by the liquidator
- Assessment of company in liquidation for income tax

Declaration of Final Dividend:
The judgment involves a winding-up case where the liquidator had funds available for declaring a final dividend. However, the liquidator reported that it might not be possible to declare a dividend due to potential tax liabilities and fees owed to the Central Government. The court directed the liquidator to file a formal application for directions regarding the tax liability issue. The court considered the auditors' report, which estimated a tax liability of Rs. 93,745 on interest received by the liquidator from bank deposits.

Tax Liability on Interest Received:
The auditors highlighted that the interest received by the liquidator could attract income tax liability. The court deliberated on whether the company in liquidation is liable to be assessed for income tax on such receipts. The court examined the definitions of "person" and "principal officer" under the Income-tax Act, emphasizing that the corporate existence of a company continues even after a winding-up order. The court discussed the liquidator's role and responsibilities, emphasizing that the liquidator acts on behalf of the company under the court's control.

Assessment of Company for Income Tax:
The court analyzed the legal position of a company in liquidation concerning income tax liability. It determined that even after a winding-up order, the company remains liable for income tax under the Income-tax Act. The court emphasized that the liquidator, as an officer of the court, is responsible for notifying the Income-tax Officer of his appointment and ensuring compliance with tax obligations. The court directed the liquidator to prepare and file tax returns, grant leave to the Income-tax Officer to assess the liability, and ordered that tax collection should be subject to the court's approval.

This judgment clarifies the legal obligations and liabilities of a company in liquidation regarding income tax, emphasizing the continued existence of the company for tax purposes even after winding-up. It underscores the role of the liquidator in managing tax matters under the court's supervision and highlights the necessity of obtaining court approval for tax assessment and collection in such cases.