1953 (2) TMI 18

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....und to Mr. Chowdhuri's clients will be made on the basis that the total amount, as appearing in the books of the bank, contributed by the staff and by the bank is Rs. 25,615-12-0. I declare that Mr. Chowdhuri's clients, namely- 1. Provash Chandra Cheena of No. 12, Proddonath Lane, Calcutta, 2. Amal Kumar Chatterjee of No. 28/1B, Jhamapukur Lane, Calcutta, 3. Ashit Ranjan Das of No. 57, Cossi....

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.... Income-tax authorities on 14th January, 1948, under section 18A of the Income-tax Act, 1 hold that the said authorities are not entitled to preferential payment under section 230 of the Companies Act. In my opinion the said sum which was demanded under section 18A of the Income-tax Act was not a tax which became due and payable within the meaning of the said section. It is an amount payable in ad....

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....question of compliance with notice under section 18A dated 14th January, 1948, no longer subsists, and what is now due and payable is under and because of the assessment dated 20th December, 1948, and the notice dated 22nd December, 1948. In my opinion, therefore, the Income-tax authorities are not entitled to claim the sum of Rs. 11,017 in preference to the other creditors of the bank. The Income....

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....t must be established by the assessee that the assessment has been an improper one. As I said before, in the affidavit filed by the Liquidator, it has neither been alleged that the assessment ought to be reopened nor has any material been given which would justify me in holding that the said assessment should be reopened. In this connection I would refer to the following observation of Cotton, L.J....