M R SUNDARARAMAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner was one of the directors of a company by name, General Commercial Corporation (P.) Ltd., which was incorporated in 1946. THEre was one, R. Subramanian, who was the managing director. Another director was the father of the petitioner by name M. S. Ramamurthy. In 1951, the petitioner resigned his post as director. His father died in 1954. In January, 1969, the company was wound up in Company Petition No. 76 of 1968. On March 13, 1970, the Income-tax Officer, Circle I(2), Madras, wrote to the petitioner calling upon him to pay the income-tax arrears of the company for the assessment years 1948-49 and 1949-50 to the tune of Rs. 80, 144.69. It was stated that the petitioner was liable to pay the tax under section 179 of the Income-tax Act of 1961.

(2.) THE petitioner sent a reply on April 16, 1970, stating that it was only the managing director who would be responsible and he furnished the details of the managing director. THE official liquidator filed an application before this court in Company Application No. 33 of 1973 for making the petitioner liable as a director of the company for default in filing the statement of affairs of the company. This court dismissed the application by order dated March 8, 1974, holding that the petitioner was not liable as he had already resigned in 1951 On June 12, 1975, the Income-tax Officer wrote to the petitioner that a sum of Rs. 14, 523 due to the petitioner personally as refund of tax for the years 1973-74 and 1974-75 would be adjusted towards tax arrears of the company referred to earlier.

(3.) THE relevant part of the communication is in the following terms.