1987 (12) TMI 16

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..... February 1, 1984, delivered by the learned single judge in Writ Petition No. 982 of 1980 (Praveen D. Desai v. ITO [1984] 149 ITR 187) stands concluded in view of our decision dated November 11, 1987, in Appeal No. 909 of 1983 (Union of India v. Manik Dattatreya Lotlikar [1988] 172 ITR 1). In view of that decision, Mr. Jetly, learned counsel appearing on behalf of the appellants, the Income-tax Dep .....

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..... 1961-62. Mr. Dwarkadas is right in saying that this amount of tax due for the assessment year 1961-62 cannot be included while determining the liability of the respondent-director. Mr. Dwarkadas also pointed out that the tax of Rs. 1,41,471 found to be in arrears by the Income-tax Officer for the assessment year 1962-63 is not correct, because the assessment order was set aside by the Tribunal and .....

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..... er within a period of four weeks from today. In case such objections are filed, then the Income-tax Officer will consider and examine the same and then reascertain the arrears of tax due from the company. In case the respondent fails to file any objections, then it is open to the Income-tax Officer to refix the amount in the light of the judgment delivered by us in Appeal No. 909 of 1983 ([1988] 1 .....

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..... . Shri Dwarkadas then submitted that the liability of the director arises provided the Department is unable to recover the arrears of tax from the assets of the company. Learned counsel invited our attention to the sale proclamation issued by the Tax Recovery Officer on November 20, 1987, for sale of immovable property attached on February 2, 1972. Mr. Dwarkadas submitted that the respondent shou .....

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..... rrears of tax due for the assessment year 1961-62. The Department is also directed to enforce the order personally against the respondent only in case the amount of arrears of tax cannot be realised in the proposed auction to be held on December 21, 1987, or on any adjourned date thereafter. In the circumstances of the case, there will be no order as to costs.    
Case laws, Decis .....

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