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VAT / Sales Tax - Highlights / Catch Notes

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The High Court allowed the petition and quashed the impugned ...


Court Nullifies Orders Against Deceased Director's Estate; Emphasizes Unjustified Corporate Veil Lifting Violations.

December 5, 2024

Case Laws     VAT / Sales Tax     HC

The High Court allowed the petition and quashed the impugned recovery proceedings, recovery certificate order, and attachment order issued by the authorities to recover outstanding dues from the estate of a deceased director of the company M/s Oren Kitchen Appliances Pvt. Ltd. The Court held that the recovery proceedings were initiated after the director's death, without providing an opportunity of hearing as required under the relevant provisions. Additionally, the Court relied on the legal position that the corporate veil cannot be lifted lightly, and no specific order fastening personal liability on the directors had been passed by the authorities. Consequently, the recovery actions against the deceased director's estate were held unsustainable and quashed.

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