T.K.Basu, J. - (1.) The petitioner, Coal Products Private Ltd., challenges in this application a notice dated the 22nd February, 1967, issued by the Income-tax Officer, "M" Ward, Companies District II, Calcutta, to the Secretary, Coal Board, Government of India,
(2.) The material portion of the impugned notice, which is one under Section 226(3) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), is in the following terms : "A sum of Rs. 12,94,782.43 is due from M/s. Coal Products Pvt. Ltd. Nutandanga, Burdwan, Calcutta, Add. 1195 C.R. Avenue, Calcutta, on account of income-tax/super-tax/penalty/interest/fine. You are hereby required under Section 226(3) of the Income-tax Act, 1961, to pay forthwith any amount due from you to or held by you for, or on account of the said M/s. Coal Products Pvt. Ltd., upto the amount of arrears shown above, and also request you to pay any money which subsequently became due from you to him/them or which you may subsequently hold for or on account of him/them up to the amount of arrears still remaining unpaid, forthwith on the money becoming due or being held by you as aforesaid as such payment is required to meet the amount due by the taxpayer in respect of arrears of income-tax/super-tax/penalty/interest/fine, I am to say that any payment made by you in compliance with this notice is in law deemed to have been under the authority of the taxpayer and ray receipt will constitute a good and sufficient discharge of your liability to the person to the extent of the amount referred to in the receipt"
(3.) The principal contention urged by Mr. Sankar Ghosh appearing on behalf of the petitioner is that the money which is due or may become due from the Coal Board to the petitioner-company is by way of assistance for certain specific purposes. The Coal Board is a statutory authority set up under the provisions of the Coal Mines (Conservation and Safety) Act, 1952. The powers of the Board to utilise the money received by it are limited by the provisions of the above Act. It has no power to utilise the money for any other purpose.;