9911796707
TMI Blog2019 (11) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... company M/s Kingfisher Airlines Limited is established. The phrase 'Key Management Personnel' of the company has a wide connotation and the same has to be supported with certain material unless such connection is established, no notice served on the petitioner would empower the respondent Authority to treat the petitioner as a Principal Officer. In the present case, the question inasmuch as neither service of notice nor hearing of the petitioner before treating the petitioner as a Principal Officer is involved. The fulcrum of dispute revolves around the aspect whether the petitioner is the person connected with the management or administration of the company. Such finding has to be supported by substantial material and has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that these aspects though brought to the notice of the respondent Authority, has not been properly appreciated and a blanket order has been passed treating the petitioner as a 'Principal Officer' without any substantial material, hence seeks for setting aside the order impugned. 4. Learned counsel Sri.Jeevan J. Neeralgi appearing for the revenue justifying the impugned order submits that the petitioner was the Treasurer of the U.B.Group of companies during the relevant financial years and hence he was treated as the 'Principal Officer' under Section 2(35) of the Act. Neither a personal hearing nor an order is necessary to treat the person as a Principal Officer under Section 2(35) of the Act. It is suffice if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... connection has to be established or to be supported with substantial material to decide the connection of any person with the management or administration. Without disclosing the basis, no person can be treated as a 'Principal Officer' of the company recognising him as the Key Management Personnel of the company. The details of such information on the basis of which the Key Management Personnel tag is made, has to be explicitly expressed in the notice of the intention of treating any person as a Principal Officer by the Assessing Officer. Neither in the show cause notice nor in the order impugned, such connection of the petitioner with the management or administration of the company M/s Kingfisher Airlines Limited is established. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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