LAWS(CAL)-1975-5-13

CALCUTTA LOANS PRIVATE LIMITED Vs. PRAKASH KRISHNA MITTER

Decided On May 22, 1975
CALCUTTA LOANS PRIVATE LTD. Appellant
V/S
PRAKASH KRISHNA MITTER Respondents

JUDGEMENT

(1.) This is an application by the Union of India through the Assistant Controller, 'A Ward' Estate Duty-cum-income-tax circle, Calcutta for an order directing the Registrar, Original Side, to pay to the petitioner Rs.99,500 towards protanto satisfaction of the estate duty liability of the estate of Jiban Krisna Mitter and in particular the liability of the defendant Prakash Krishna Mitter and for an ad-interim order restraining the Registrar, Original Side, from making over any money to the plaintiff. Calcutta Loans Private Ltd. out of the state proceeds lying in his hand until the disposal of this application.

(2.) It appears that on the 5th of September, 1974 the present application was moved and an ad-interim order of injunction restraining the Registrar, Original Side, from making over the said sale proceeds to the plaintiff until the disposal of this application was passed. Thereafter, directions for filling affidavits were given and ultimately it appeared before me for hearing when I directed notices of this application to be service on all the accountable parties and also the purchasers at the Registrar's of the properties mentioned in the application. Pursuant to such notices being given, affidavits have been filed by the auction purchaser. I may mention here that Prakash Krishna Mitter never appeared in spite of notice being served on him.

(3.) The facts of this case appear to be somewhat interesting and give an idea how payment of large amount of revenue payable by way of estate duty can be delayed or avoided, taking advantage of the unsatisfactory machinery for realisation of the same.