1972 (4) TMI 7

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....ppeals by the First Income-tax Officer, Circle I, Coimbatore, are from an order of the Abolition Tribunal, Ramanathapuram at Madurai. It appears that AL. AK. RM. N. Arunachalam Chettiar and Diwan Bahadur Somasundaram Chettiar constituted a firm of partnership, which was assessed to income-tax for the assessment years 1951-52 to 1957-58 and that a sum of Rs. 1,40,200 or so was due as arrears of inc....

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....mount was deposited, or within such further time not exceeding six months as the Tribunal may in its discretion allow. Admittedly, the Income-tax Officer did not file the applications within the time or the extended time. The effect of sub-section (2) of section 42 so far as these appeals are concerned is that if the claim was not made within the time, it will cease to be enforceable. It is how....

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.... common law principle can be invoked only where there is no statutory scheme of inhibition against it. But Madras Act XXVI of 1948 provides for the taking over of an estate and the effect of it is that it vests in the Government free from all encumbrances and liabilities. Having done that, the Act further provides for payment of compensation which is required to be deposited with the Tribunal and ....