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    <title>1937 (12) TMI 7 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=165315</link>
    <description>The court accepted the Crown&#039;s priority over unsecured creditors for an undisputed income-tax debt and held that Section 46 of the Indian Income-Tax Act, 1922 was not exhaustive because it did not exclude other lawful recovery methods. An attaching creditor did not become a secured creditor merely by attachment, and requiring the Crown to file a separate suit would cause needless delay and expense. The court therefore held that its inherent powers under Section 151 of the Code of Civil Procedure could be invoked to direct payment out of money lying in court to satisfy the tax arrears, and the payment-out order in favour of the Revenue was upheld.</description>
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    <pubDate>Thu, 16 Dec 1937 00:00:00 +0530</pubDate>
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      <title>1937 (12) TMI 7 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=165315</link>
      <description>The court accepted the Crown&#039;s priority over unsecured creditors for an undisputed income-tax debt and held that Section 46 of the Indian Income-Tax Act, 1922 was not exhaustive because it did not exclude other lawful recovery methods. An attaching creditor did not become a secured creditor merely by attachment, and requiring the Crown to file a separate suit would cause needless delay and expense. The court therefore held that its inherent powers under Section 151 of the Code of Civil Procedure could be invoked to direct payment out of money lying in court to satisfy the tax arrears, and the payment-out order in favour of the Revenue was upheld.</description>
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      <pubDate>Thu, 16 Dec 1937 00:00:00 +0530</pubDate>
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