G.K.GOVINDA BHAT, MOHAMMAD SHARIF
Official Liquidator, Mysore Spun Silk Mills Ltd. – Appellant
Versus
Commissioner of Income Tax, Bangalore – Respondent
Govinda Bhat, J.—This is an appeal brought on behalf of the official liquidator of the Mysore Spun Silk Mills Ltd. (in liquidation) against the order of the learned company judge (Narayana Pai J.), as he then was, made in Company Application No. 16 of 1967 on 23-1-1968 by which a direction was issued to the liquidator to prepare and file returns before the Income Tax Officer with respect to the income of the company in liquidation derived in the course of the winding-up.
2. In the course of winding-up of the company in liquidation, large sums of money came into the hands of the liquidator which could not be immediately applied for distribution of dividends to the creditors. The result was that he had to invest the same pursuant to the relative provisions of the Companies (Court) Rules. The investments were mostly by way of bank deposits which earned interest in the course of six years from 1960-61 to 1965-66 amounting to Rs. 1,95,364.05. The auditors, Messrs. B. K. Ramadhyani and Company, in their report dated March 3, 1966, observed that the above amounts of interest received by the liquidator would attract liability for Income Tax and that, therefore, appropriate steps sh
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