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Income Tax - Highlights / Catch Notes

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Section 179 of the Income Tax Act empowers tax authorities to ...


Directors of public companies protected from tax recovery for company dues Hashtags.

Case Laws     Income Tax

November 29, 2024

Section 179 of the Income Tax Act empowers tax authorities to recover outstanding dues from directors of private companies during the relevant previous year. The latter part casts a negative onus on directors to prove non-recovery was not due to gross neglect, misfeasance, or breach of duty. In this case, the company was incorporated as a public limited company, and the revenue authorities failed to dispute this status while initiating proceedings u/s 179. Consequently, the High Court held that Section 179 is inapplicable to public limited companies, and the writ petition was allowed.

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