COAL PRODUCTS PRIVATE LTD Vs. INCOME TAX OFFICER M WARD

JUDGEMENT

(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 :

(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.