1973 (5) TMI 95 - HC - VAT and Sales Tax

Court rules against priority for sales tax arrears in winding up; taxes must be due within 12 months.

Sales Tax Officer, Kanpur Versus The Official Liquidator, Allahabad

The High Court, in a case concerning priority of sales tax arrears under section 530(1)(a) of the Companies Act, ruled against granting priority to ... - Issues:1. Claim for priority of sales tax arrears under section 530(1) of the Companies Act.Analysis:The judgment of the High Court, delivered by C.S.P. Singh, J., pertained to a special appeal arising from an application under rule 164 of the Companies Rules, 1959, filed by the Sales Tax Officer. The case involved the winding up of a company, Northern India Oil Industries, due to arrears of sales tax amounting to Rs. 22,468.88 for the assessment years from 1954-55 to 1959-60. The Sales Tax Officer claimed priority of these arrears under section 530(1)(a) of the Companies Act, 1956. The Official Liquidator accepted the claim for some years but rejected it for the assessment years 1954-55 to 1958-59, stating that these arrears did not become due within twelve months before the date of the winding up order on 7th August 1963.The key issue revolved around the interpretation of section 530(1)(a) of the Companies Act, which mandates priority payment of taxes due and payable within twelve months preceding the date of the winding up order. The Court emphasized that taxes become due and payable only after assessment and issuance of a demand notice. The Sales Tax Officer failed to demonstrate that the taxes in question became due or payable within the twelve-month period preceding the winding up order. Consequently, the Court held that priority for payment of these taxes could not be claimed under section 530.Moreover, the appellant contended that since sales tax arrears could be recovered as land revenue within the stipulated twelve-month period, they should be granted priority. However, the Court rejected this argument, stating that the classification of taxes and revenue under section 530 was distinct. While taxes are part of revenue generally, the legislature deliberately separated them in the provision. Interpreting 'revenue' narrowly, the Court held that taxes, cesses, and rates were not encompassed within the term 'revenue' in section 530. Extending the definition of 'revenue' to include taxes would render specific terms redundant, which the Court deemed impermissible.In conclusion, the Court dismissed the appeal, upholding the rejection of priority for sales tax arrears for the specified assessment years. The judgment clarified the interpretation of section 530(1)(a) of the Companies Act, emphasizing the crucial requirement of taxes becoming due and payable within the twelve-month period preceding the winding up order for priority consideration.