INCOME TAX OFFICER Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THIS application raises an interesting question under the Income-tax Act vis-a-vis the Companies Act.

(2.) THE Income-tax Officer, A-Ward, Nellore Circle, Nellore, has filed this application to direct the official liquidator to file the income-tax return of Messrs. Civil Supplies Corporation (in voluntary liquidation), Pamur, for the assessment year 1966-67. From the averments of the application, it is seen that the company was brought under voluntary liquidation and on completing the work, the voluntary liquidator submitted a report, but unfortunately, he died in January, 1974. As required by Section 497(6) of the Companies Act, the official liquidator has to make a scrutiny of the books and papers of the company in the light of the report that had been submitted by the voluntary liquidator, and if on such scrutiny the official liquidator makes a report to the court that the affairs of the company had not been conducted in a manner prejudicial to the interests of its members or to public interest, the same sub-section declares that from the date of the submission of that report to the court the company shall be deemed to be dissolved. It is stated in the application that the official liquidator is now making a scrutiny of the books and papers of the company. That is also admitted by the official liquidator.

(3.) CONSEQUENTLY, this application for directing the official liquidator to file the income-tax return on behalf of the company is untenable. It is, accordingly, dismissed, but, in the circumstances of the case, without costs.