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TMI Blog2019 (2) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... - Held that:- Except for petitioners No.1 & 2, the rest of the petitioners have not being served with any notice under section 179 of the Act and therefore, the impugned order is in breach of the principles of natural justice as well as contrary to the statutory provisions. Having regard to the submissions advanced by the learned counsel for the petitioners, issue Notice, returnable on 12.02.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limited company and the order under section 179 of the Incometax Act, 1961 has been passed in relation to four assessment years, namely, A.Y. 2008-09, 2011-12, 2012-13 and 2014-15 against, in all, seven persons. 2. It was submitted that prior to passing the impugned order, a showcause notice under section 179 of the Act had been issued only to petitioner no.1, Smt. Anandhi P. Naig and petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r without considering the contentions raised by the petitioners in their reply to the showcause notice. 3. It was submitted that the impugned order suffers from several infirmities inasmuch as the status of the company has been considered to be a private limited company and without putting the petitioners to notice, the respondent seeks to pierce the corporate veil. In support of such submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of natural justice as well as contrary to the statutory provisions. 4. Having regard to the submissions advanced by the learned counsel for the petitioners, issue Notice, returnable on 12.02.2019. By way of adinterim relief, the impugned order dated 31.12.2018 passed under section 179 of the Act as well as the consequential demand notice under section 156 of the Act are hereby stayed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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