2002 (9) TMI 870 - HC - VAT and Sales Tax

Summary

Issues:
Recovery against company director, piercing the corporate veil, electricity dues recovery, discretionary writ jurisdiction.

Recovery Against Company Director:
The petitioner, as the Director of a company, challenged a recovery certificate issued by the Executive Engineer and a citation issued by the Tahsildar. The petitioner argued that the recovery should be against the company, not the Director. The court noted the legal principle that a company is a separate legal entity from its Director and shareholders. However, the court also acknowledged the concept of piercing the corporate veil in certain situations.

Piercing the Corporate Veil:
The court referred to various legal precedents where the corporate veil was lifted to prevent fraud, defeat trading with the enemy, or protect public interest. The court emphasized that the doctrine of piercing the corporate veil may be applied when the corporate entity is used to commit illegalities or defraud others. In the context of electricity dues, the court held that public interest demands payment to prevent losses to State Electricity undertakings.

Electricity Dues Recovery:
Highlighting the significant outstanding electricity dues causing substantial losses to State Electricity Boards, the court stressed the importance of not allowing unscrupulous businessmen to evade payment under the guise of corporate personality. The court cited legal judgments supporting the lifting of the corporate veil to ensure justice and prevent evasion of obligations.

Discretionary Writ Jurisdiction:
The court emphasized that writ jurisdiction is discretionary and declined to interfere in the case, even if there was a potential violation of the law. The court noted the absence of information regarding the company's assets in the petition, implying a potential deliberate concealment. Considering the substantial electricity dues and the negligible value of the company's assets, the court concluded that recovery should proceed against the Directors, including the petitioners.

In conclusion, the court dismissed both petitions, emphasizing the need to address substantial electricity dues and prevent evasion through the doctrine of corporate personality. The judgment underscores the importance of upholding public interest and ensuring accountability in the recovery of outstanding dues.