9911796707
TMI Blog2015 (2) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... time. On 11.10.2013, a show cause notice was issued under section 179 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") calling upon the petitioner to show cause as to why the outstanding tax dues of the company should not be recovered from the petitioner in capacity as the Director of the company. The petitioner submitted reply on 17.10.2013 and as per the petitioner, another show cause notice was issued dated 4.9.2014 calling upon the petitioner to pay the dues, failing which, coercive steps were to be taken. The petitioner replied to the show cause notice and as per the petitioner, when the present proceeding was going on before the officer concerned, the present petition was filed. As per the petitioner, this Court on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny by lifting the corporate veil. He submitted that if the conditions are satisfied for lifting of the corporate veil as observed in the aforesaid decision of this Court, such is permissible. Therefore, he submitted that the order may not be quashed on such ground, but Mr. Bhatt could not point out to this Court as to whether at any point of time, the petitioner was put to notice on the aspects of lifting of the corporate veil and thereby to treat the Director of the public limited company at par with the Directors of the private limited company as provided under section 179 of the Act. 5. Mr. Soparkar, learned counsel appearing for the petitioner contended that the basic ingredients for lifting of the corporate veil could not be said as s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed. 6) The proceedings are however, placed back before the Assistant Commissioner for proceeding further in accordance with law after giving a notice to the petitioner indicating his tentative grounds why he desires to invoke the concept of lifting of corporate veil, giving sufficient opportunity to the petitioner to meet with such allegations. After giving opportunity of hearing to the petitioner and following the principles of natural justice it would be open for the Assistant Commissioner to pass fresh orders in accordance with law as may be found appropriate on the basis of material on record." 7. There is considerable force in the contention of the learned counsel for the petitioner that the impugned order is silent on the aspect o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
