Law: Companies Act, (VII of 1913)

Section: 228

In the matter of the Ravi Paint Colour and Varnish Works Limited (in Liquidation) and of the application of the Official Liquidator under sections 191, 228, 229, 230 and 171 Companies Act read with sections 33 and 34 of the Provincial Insolvency Act V of 1920 against the Federation of Pakistan through Income Tax Commissioner, Lahore. Companies Act (VII of 1913), S. 228-Company in liquidation-Proof of claim by Income-tax authorities relating to tax assessed-Production of assessment order enough-Liguidation Court-Jurisdiction-Whether can go behind assessment order-Income Tax Act (XI of 1922), Ss. 3, 67. The Income-tax authorities can prove their claim under section 228 of the Companies Act against a company in liquidation by the production of the assessment order of income-tax made by them. In matters relating to the assessment of income-talc the machinery that can be brought into action is the one provided by the Income-tax Act, which is a- complete Code by itself. Hence the jurisdiction of the Civil Courts is impliedly barred. Section 67 of the Income-tax Act expressly bars the institution of a suit in any Civil Court to set aside or modify an assess­ment made under the Income-tax Act. Although section 67 expressly bars the jurisdiction of the Civil Courts in respect of suits only, on principle miscellaneous proceedings, if their object be to determine any question relating to assessment in one connection or another, would also be barred. Governor-General-in-Council through Commissioner of Income-tax, Punjab, Lahore v. Sargodha Trading Company Limited (in Liquidation) I L R (1943) 24 Lah. 706 overruled. Raleigh Investment Co. Ltd. v. The Governor-General-in-­Council A I R 1947 (P C) 78=P L D 1947 (P C) 19; Commis­sioner of Income-tax, West Punjab v. Tribune Trust A I R 1948 (PC) 102=P L D 1947 (P C) 247 ; Janda Rubber Works v. Income-tax Officer, Salaries Section 1950 I T R 951; Messrs. Dinshaw and Company v. Income-tax Officer, Lucknow A I R 1941 Oudh 260 and In re Calvert (1899);2 Q B :D 145 ref. Where an Act of the Legislature 'sets up a Special Tribunal and prescribes a special procedure for the deter­mination of rights and liabilities created by the Act,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492