JUDGMENT

1. This judgment shall dispose of the questions of law common to Civil Original Case No. 19 of 1952 and civil Original Case No. 11 of 1953 which have been instituted by the official liquidator in connection with the claim of income-tax against the Pindi-Kashmir Transport Company Limited in liquidation and also to Civil Original Case No. 17 of 1952 similarly instituted in respect of the Ravi Paint Colour and Varnish Works Limited in liquidation. These cases in the first instance were heard by the learned liquidation Judge, who considered them fit for reference to a large Bench in view of the apparent conflict of authority on the law points involved therein, and my Lord the Chief Justice constituted this Bench to dispose them.

The facts giving rise to these cases may briefly be stated as follows. The Pindi-Kashmir Transport Company Ltd. was wound up on the 31st of January, 1949, by the order of the liquidation court. The creditors claims were adjusted by the order of the Court dated the 15th of January, 1951.

The return for the assessment year 1947-48 not having been submitted, a notice was issued by the Income-tax Officer, G Ward, Lahore, calling upon the official liquidator t