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1960 (9) TMI 6 - SC - Income TaxWhether the excess profits tax assessed could be validly recovered from the appellant by resort to the machinery for collection provided by section 46 of the Income-tax Act? Held that:- The entire basis on which the assessment proceedings completed after notice to Thyagrajan Chettiar as the managing partner of Muthappa & Co. have been held by us to be binding on the appellant would preclude any argument of the type advanced to challenge the binding character of the notices served. The appellant was clearly an " assessee in default " within section 46(1) of the Income-tax Act and the amount of tax and penalty due from him would be " an arrear " within section 46(2). The proceedings for the recovery of the excess profits tax could properly be taken and that the order of the High Court dismissing the appellant's petition for the issue of a writ of prohibition was correct. Appeal dismissed.
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