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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 ..... 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 1946. The said firm appealed against the said order of the Excess Profits Tax Officer, Rajahmundry. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 liable to be refunded on the ground that the same is the asset of the deceased, Karundia. It appears t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 contended that the appellants herein were not entitled to claim the same as it had been paid over to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, it is not possible to fix any portion of the amount to be refunded as the assets of Karundia. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 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 Bench and remit the case to the High Court for deciding the questions that remain to be decided. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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