Re Gunson (A Bankrupt) Ex parte Official Assignee and Others - [1966] NZLR 187

Bankruptcy and insolvency — Set-off and mutual credit — Bankrupt owing income tax and social security charge immediately prior to adjudication for which Commissioner of Inland Revenue proved in bankruptcy — Whether such tax "due" after adjudication — Bankrupt employed — PAYE deductions exceeding current tax payable — Whether Commissioner of Inland Revenue entitled to apply surplus towards tax due at date of adjudication — How such surplus to be disposed of — Income Tax Assessment Act 1957, s. 28.

Income tax — Payment and recovery of tax — Bankrupt owing income tax and social security charge immediately prior to adjudication for which Commissioner of Inland Revenue proved in bankruptcy — Whether such tax "due" after adjudication — Bankrupt employed — PAYE deductions exceeding current tax payable — Whether Commissioner of Inland Revenue entitled to apply surplus towards tax due at date of adjudication — How such surplus to be disposed of — Income Tax Assessment Act 1957, s. 28.