Court's orders or directions and Registrar's orders Court's or Judge's ordersMr. D & Ors. v. Dhondarkar & Ors.
Case at a glance
Provisions considered
Judgment
interest. Similarly, under Section 157, it is provided that when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this Act, the Assessing Officer shall serve upon the assessee a notice of demand as prescribed. Provisions for imposition of penalty and interest are distinct from the provisions for imposition of tax. Learned Special Court judge, after examining various authorities in paragraphs 61 to 70 of his judgment, has come to the conclusion that neither penalty nor interest can be considered as tax under Section 11(2)(a). We agree with the reasoning and conclusion drawn by the Special Court in this connection.” 8. Thus, it was held that the definition of “tax” under Section 2(43) of the Act of 1956 does not include penalty or interest. That being so, there appears no error in the order passed by the official liquidator. However, the counsel for the applicant is seeking time to have research on the point and to make further submissions.
Time granted. 9. The counsels appearing for creditors submits that large number of creditors, many of whom are poor persons, are awaiting their dues. Accordingly submits that the Income Tax Department may be requested to waive as adjustment the tax liability so that the payment to the poor creditors could be made. 10. The counsel for the Income Tax Department shall seek instructions and if possible pursue the request made by the creditors which appears to me to be genuine and will serve larger interest in the proceedings. The counsel graciously agreed to take instructions and pursue the request. The tax department may consider the request sympathetically. 11. The official liquidator submits that remaining properties of the company are being demarcated and will be put to auction in due course. 4 15-cmp-3-2010.odt12.The official liquidator shall act expeditiously and proceed further. List on 01.08.20205.COMPANY APPLICATION (CAL) NO. 29/2025The counsel for the applicant submits that since similar issue is being considered by this Court in Civil Application (CAL) No.
31/2025, the application is not pressed for order. The application is accordingly disposed of as not pressed for order.COMPANY APPLICATION (CAL) NO. 30/2025In view of above, this application does not survive and stands disposed of accordingly. List Company Petition on 01.08.20205. (ANIL L. PANSARE, J.)MP Deshpande
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.