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JUDGMENT Tyagi, J.-The Commissioner of Income-tax (Central), New Delhi, and the Income-tax Officer, Central Circle III, Jaipur, have filed this special appeal under section 483 of the Companies Act, 1956, read with section 18 of the Rajasthan High Court Ordinance, 1949, against the order of the learned company judge dated 22nd March, 1972.* The facts giving rise to this appeal are, in a nutshell, as follows: After Messrs. Golcha Properties (Private) Ltd. (hereinafter called "the company") was ordered on 10th May, 1968, to be wound up, the Income-tax Officer, Central Circle-I, Jaipur (who was then the assessing authority for the said company), sent a letter on 29th August, 1961, to the official liquidator, notifying to the company that Rs. 41 lakhs were payable or likely to be payable as income-tax by the company to the department and, therefore, he was specifically directed to set apart this amount under section 178 of the Income-tax Act, 1961 (hereinafter called "the Act"). The official liquidator wrote back to the Income-tax Officer, vide his letter dated 3rd October, 1968, that such a direction could be issued to him only after obtaining leave of the High Court under section 446 of the Companies Act, 1956, but the Income-tax Officer did not agree with this suggestion. The official liquidator was under the circumstances forced to move an application before the High Court under section 460(4) of the Companies Act and stated in his application that out of the amount of Rs. 41 lakhs of the estimated tax as pointed out by the Income-tax Officer, the claim of the tax liability was admitted by him only to the extent of Rs. 1,12,583 and the balance claim amounting to Rs. 39,87,417 had been rejected for reasons set forth in his order dated 30th October, 1971. He also mentioned in that application that the amount of tax found payable after the assessments shall be treated as ordinary claim and not as preferential claim under section 530 of the Companies Act and, accordingly, the estimated amount of tax that will rank as ordinary claim like that of unsecured creditors cannot be ordered to be set apart. His grievance further was that the income-tax department was not…

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