9911796707
TMI Blog2022 (11) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... for the reasons that the amalgamation is undertaken, under Section 397 of the Companies Act, 1956, whereunder there would be transfer of assets and liabilities of the company being taken over by the other company with which it is being amalgamated and thus, it cannot be considered as deemed to be wound up. The procedure for winding up of a company is prescribed under Part II of Chapter XX of the Companies Act, and operates in a different field and cannot be considered same as in the case of amalgamation. In the light of the settled position of law as enunciated by this Court in MADDI SWARNA VERSUS COMMERCIAL TAX OFFICER, CHILAKALURIPET AND ANOTHER [ 2001 (6) TMI 795 - ANDHRA PRADESH HIGH COURT] , this Court is of the view that the actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the provisions of Section 16-B of the Andhra Pradesh General Sales Tax Act, 1957, by initiating proceedings under the Act of 1864, by attaching the properties of the petitioner herein, who was a Director of the 3rd respondent; and that the petitioner ceased to be the Director of the 3rd respondent company from 01.11.2001 and the current arrears of tax being claimed as due relate to the period 2002-03, i.e. much after the petitioner has left the office of the 3rd respondent company. 5. Learned counsel for the petitioner would also contend that this Court in catena of decisions had held that the dues of a company cannot be recovered from the Directors, except where the company is in winding up and since the 3rd respondent company is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaken, under Section 397 of the Companies Act, 1956, whereunder there would be transfer of assets and liabilities of the company being taken over by the other company with which it is being amalgamated and thus, it cannot be considered as deemed to be wound up. The procedure for winding up of a company is prescribed under Part II of Chapter XX of the Companies Act, and operates in a different field and cannot be considered same as in the case of amalgation. 10. Further, in the light of the settled position of law as enunciated by this Court in the decision noted supra and also in Maddi Swarna v. Commercial Tax Officer, Chilakluripet, Guntur District (2001) 124 STC 203=(2001) 4 ALD 540 (DB), this Court is of the view that the action ..... X X X X Extracts X X X X X X X X Extracts X X X X
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