1967 (1) TMI 1

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....eals by certificate granted by the High Court of Calcutta are filed against the common judgment and order of that court in four civil revision cases arising but of the proceedings under the Excess Profits Tax Act, 1940 (Act XV of 1940). The facts may be briefly stated. The appellant was a registered firm with four partners. For the accounting years ending with March 31 of the years 1942, 1943, ....

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....ctions with which we are not now concerned. The Certificate Officer rejected the objections. Against the said order of the Certificate Officer, the appellant firm preferred appeals under section 51 of the Act to the Commissioner, Presidency Division. The said Commissioner on April 18, 1958, dismissed the said appeals. Revision petitions filed by the firm to the Board of Revenue were rejected on Ap....

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....efund. However, due to the complicated nature of the cases, it will require a long time for its verification. In the meantime, Certificate Officer may be requested to keep the proceedings pending. " Again on July 30, 1958, the concerned Income-tax Officer wrote to the Certificate Officer thus : " As the partners of the above C. Dr. (Certificate Debtor) are entitled to heavy refunds the co....

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....s. It is to be observed that while the department should be free to take all steps to see that execution of the certificates is not barred by limitation, immediate steps should be taken for the completion of the pending refund proceedings, if any, so that the moneys, if any, due to the petitioner-firm on account of refund may be ascertained and the refund order, if any, of the petitioner-firm or i....