1973 (5) TMI 95

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....ut of an application under rule 164 of the Companies Rules, 1959, and has been filed by the Sales Tax Officer. An order for winding up of Messrs. Northern India Oil Industries was made by this court on 7th August, 1963. The company was in arrears of sales tax to the tune of Rs. 22,468.88 for the assessment years from 1954-55 to 1959-60. A claim for priority of this arrear was made under section 5....

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....rom the company to the Central or a State Government or to a local authority at the relevant date as defined in clause (c) of sub-section (8), and having become due and payable within the twelve months next before that date." This sub-section contemplates priority being given only to such taxes as become due and payable within twelve months preceding the date of the winding up order, or the date ....

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....and revenue, and inasmuch as they had been ordered to be realised as such within the period of twelve months aforesaid, they were entitled to priority on this ground alone. We are unable to accept this contention for the reason that the mere fact that sales tax arrears can be realised as an arrear of land revenue, does not lead to the result that they are revenues as contemplated by section 530 of....