9911796707
TMI Blog2017 (1) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... ed this Court seeking the following relief: "(i) A writ order or direction in the nature of certiorari calling for the records and quashing the order/letter dated 20-082015 passed by Ld. Dy. Commissioner of Income Tax-Circle, Haridwar under Section 179 of the Act (ANNEXURE NO.-1)". 2. Briefly put, the case of the petitioner is as follows: Petitioner was one of the Directors of company, namely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed an appeal against the aforesaid assessment order before the Commissioner of Income Tax (Appeal). However, meanwhile, the company went into liquidation by the order dated 15.04.1997 of Hon'ble High Court at Allahabad, which has been recorded in the letter of the Official Liquidator dated 16.12.1997. Consequent to the order of liquidation, the official liquidator took control of the company and B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed the Ld. Dy. CIT that provisions of Section 179 applies for ascertaining the liability of Directors of Private Limited Company in liquidation. Since M/s Yogi Leasing & Finance Ltd. is a Public Ltd. Company, incorporated under the provisions of Companies Act, 1956, hence, the provisions of Section 179 are not applicable. Thereafter, on 20.08.2016, the learned Deputy Commissioner, Income Tax pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, submits that provisions of Section 179 are not applicable. 5. I have considered the submissions of the learned counsel for the parties. In my considered opinion, the petitioner has an alternative remedy to file a revision before the Commissioner under Section 364 of the Income Tax Act. The plea that the provision of Section 179 are not applicable in the case of the petitioner can be rai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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