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1982 (2) TMI 195

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..... spondent. JUDGMENT S. C. Ghose, CJ. This appeal is directed against the judgment and order dated April 16, 1980 See [1981] 51 Comp. Cas. 572; 130 ITR 790 (Cal.) passed by Salil K. Roy Chowdhury J., in an application made on behalf of a company (in liquidation). The said company, Haralal Harendra Lal Roy Estate Limited was a solvent company and, as pointed out by the learned trial judg .....

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..... official receiver of this court was appointed the official liquidator of the company after the death of Mr. S. N. Bhattacharyya. By another order dated 17th December, 1962, the official receiver was discharged and the official liquidator of this court was appointed the official liquidator of the said company. Mr. Dhiren Dey, a member of the Bar, was appointed as special officer by an order dated 1 .....

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..... e inadequate prices offered for the same, such sale could not be held. The income by way of rent of the buildings belonging to the company was being distributed after meeting the expenses like corporation taxes, etc., to the contributories of the company in terms of the order of this court. In these circumstances, the income-tax demands raised from time to time could not be paid. Large amounts wer .....

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..... the company by the I.T. authorities in lieu of the entire debt including the income-tax dues and the interest payable by the company to the Revenue. But after quite a considerable time, the said negotiations fell through as the I.T. authorities were unwilling to purchase the said house. The present case, as has been held by the learned trial judge, is an unfortunate one and peculiar, inasmuch as .....

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