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TMI Blog1971 (9) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... OVER., K. S. HEGDE JUDGMENT The judgment of the court was delivered by HEGDE J.---This is an appeal by certificate from the decision of a Division Bench of the Punjab High Court. M/s. Khaitan Apte Co. were assessed to excess profits tax by the Excess Profits Tax Officer, Rajahmundry in a sum of Rs. 4,36,554-10-0 in respect of the accounting periods ending March, 1943, 1944, 1945 and 194 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r refund of the tax paid. The refund asked for was not given for a considerable time. Meanwhile, the Income-tax Officer of Bombay, who had a claim against Karundia in a sum of about rupees 19 lakhs as arrears of tax, issued a notice under section 46(5A) of the Indian Income-tax Act, 1922, to the Excess Profits Tax Officer, Rajahmundry, requiring him to remit to him half the sum of the amount liabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on behalf of the respondents, allowed the writ petition and issued the direction prayed for. As against the order of the learned single judge, the respondents went up in appeal to a Division Bench of the High Court. Before the Division Bench, the learned counsel for the department agreed to refund 50% of the tax collected as being the share of V. S. Apte but in respect of the other half he con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer of Bombay stood in the position of a garnishee. The Excess Profits Tax Officer, Rajahmundry, made over certain sums to the Income-tax Officer of Bombay on the assumption that the amount in question was the asset of Karundia. The amount in question is a part of the assets of the dissolved firm. Karundia's share in the assets of that firm, we are informed, has not yet been determined. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken by the department, this case has to go back to the High Court for deciding those questions. At that stage it is open to the respondents to move the High Court for impleading the Income-tax Officer, Bombay, as a party and it is for the High Court to decide whether such a prayer should be allowed. For the reasons mentioned above, we allow this appeal and set aside the order of the Division Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
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