9911796707
TMI Blog2022 (4) TMI 1458X X X X Extracts X X X X X X X X Extracts X X X X ..... directors of the company during the period relating to which demand in question arises and garnishee notices were issued. In view of the report of the Official Liquidator which has been filed in Court it appears that the company has already gone into liquidation on 11th August, 1997 and further on perusal of the aforesaid report of the Official Liquidator it appears that he has got no fund in his hand. Since it is a Government revenue arises out of a valid assessment order which was never challenged before any authority, it is the bounden duty of the Income Tax Authority concerned to take steps for recovery of the demand arises from such assessment order and law empowers them to take recovery steps against the persons who were directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent. Ms. Debjani Mitra, Adv. for Official Liquidator. ORDER The Court : In compliance of my order dated 16th March, 2022, Official Liquidator has filed a report through its learned advocate which may be kept with the records. This writ petition has been filed against the impugned two garnishee notices dated 18th February, 2009 for recovery of the income tax demand in question against the petitioners who were the directors of one M/s. Basant Udyog (P) Ltd. at the relevant period relating to assessment years 1983-84, 1984-85 and 1985-86 relating to which the demand in question arises and against the recovery of which the impugned garnishee notices were issued. Petitioner has challenged the impugned garni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Official Liquidator in accordance with law though learned advocate appearing for the respondent submits that claim was lodged before the Official Liquidator on the basis of instruction from the respondent Authority concerned. Without going into these disputed facts that whether claim was lodged before the Official Liquidator, admitted position today which exists on the basis of report of the Official Liquidator is that even if the respondent Income Tax Authority wants to recover the demand from the said company, it is not in existence and has already been dissolved in March 2013 upon formal advertisement in the newspaper as stated in the report of the Official Liquidator and no fund is lying with it. Considering these fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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