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TMI Blog2018 (3) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner of Income Tax [2018 (1) TMI 749 - BOMBAY HIGH COURT], the jurisdiction to proceed against the directors of the Company under Section 179(1) of the Act can only be exercised when the Revenue is unable to recover tax dues from the private limited company. This requirement of the Revenue having failed to recover its dues from the defaulting private limited company before proceeding agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , with Mr. Niraj Sheth, i/b Atul Jasani for the Petitioner. Mr. Suresh Kumar, for the Respondent ORDER 1. At the request of the learned counsel, this Petition is being finally disposed of at the stage of admission. 2. This Petition under Article 226 challenges the order dated 2nd March 2016 passed by Respondent No.1 Assessing Officer under Section 179 (1) of the Income Tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany. 4. It is an agreed position between the parties that in view of the decision of this Court in Madhavi Kerker v. Assistant Commissioner of Income Tax1, the jurisdiction to proceed against the directors of the Company under Section 179(1) of the Act can only be exercised when the Revenue is unable to recover tax dues from the private limited company. This requirement of the Revenue having f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elinquent private limited company and its failure to collect the same. 5. For the reasons indicated in our order passed in Madhavi Kerkar (Supra) we set aside the impugned order dated 2nd March 2016 and 13th June 2017 passed by the Assessing Officer and Commissioner of Income Tax. However, it is made clear that the attachment of the bank accounts vide order dated 3rd August 2015 of the delinque ..... X X X X Extracts X X X X X X X X Extracts X X X X
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