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2004 (1) TMI 42

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..... m the record placed before us, it appears that reply to notice under section 179 was filed. However, in the order, it is mentioned that the directors have not filed any reply to these notices till date. - - - - - Dated:- 27-1-2004 - Judge(s) : B. C. PATEL., BADAR DURREZ AHMED. JUDGMENT Against notices issued by the Income-tax Recovery Officer, Range-XVIII, and the order made by the Assessi .....

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..... proves that non-recovery cannot be attributable to gross negligence, misfeasance or breach of duty on his part in relation to the affairs of the company, the question may be different. We are not stating anything on the merits of the case, as from the record placed before us, it appears that reply to notice under section 179 was filed. However, in the order, it is mentioned that the directors hav .....

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..... re the court disclosing the properties belonging to the petitioners which shall not be disposed of till a decision is rendered by the Assessing Officer. The Assessing Officer shall decide the matter within four weeks from receipt of this order. In view of what we have stated above, the order of the Assessing Officer dated January 8, 2000, is quashed and set aside. The petition is disposed of acc .....

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