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    <title>1976 (7) TMI 12 - KERALA High Court</title>
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    <description>Income-tax arising from the realisation of company assets during liquidation was not a contingent debt provable under the Companies Act because, on the winding-up date, no existing obligation could mature on a future uncertain event; the liability arose only when income and capital gains were earned during the liquidation process. Section 178 of the Income-tax Act was inapplicable because the tax related to post-winding-up income and the statutory notice procedure for pre-winding-up income had not been invoked. The demand also did not fall within section 530(1)(a) as it was not due within the statutory twelve-month period before winding up. However, tax incurred as a consequence of the liquidator&#039;s proper realisation of assets formed part of the costs, charges and expenses of winding up and had priority over unsecured creditors.</description>
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    <pubDate>Wed, 21 Jul 1976 00:00:00 +0530</pubDate>
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      <title>1976 (7) TMI 12 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=38493</link>
      <description>Income-tax arising from the realisation of company assets during liquidation was not a contingent debt provable under the Companies Act because, on the winding-up date, no existing obligation could mature on a future uncertain event; the liability arose only when income and capital gains were earned during the liquidation process. Section 178 of the Income-tax Act was inapplicable because the tax related to post-winding-up income and the statutory notice procedure for pre-winding-up income had not been invoked. The demand also did not fall within section 530(1)(a) as it was not due within the statutory twelve-month period before winding up. However, tax incurred as a consequence of the liquidator&#039;s proper realisation of assets formed part of the costs, charges and expenses of winding up and had priority over unsecured creditors.</description>
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      <pubDate>Wed, 21 Jul 1976 00:00:00 +0530</pubDate>
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