IT : Unless it was shown that it was not possible to recover tax due from said company, no liability could be fixed on assessee-director of said company to pay due tax
■■■
[2015] 55 taxmann.com 315 (Karnataka)
HIGH COURT OF KARNATAKA
A.S. Chinnaswamy Raju
v.
Union of India*
H.G. RAMESH, J.
WRIT PETITION NOS. 7212,7213 & 7880 OF 2014 (T-IT)
AUGUST 21, 2014
Section 179 of the Income-tax Act, 1961 - Company in liquidation - Liabilities of directors (Condition precedent) - Whether where Assessing Authority had not referred to any proceedings initiated against company to show that it was not possible to recover tax due from said company, no liability could be fixed on assessee-director of said company to pay due tax - Held, yes [Para 5] [In favour of assessee/Matter remanded]
■■■
[2015] 55 taxmann.com 315 (Karnataka)
HIGH COURT OF KARNATAKA
A.S. Chinnaswamy Raju
v.
Union of India*
H.G. RAMESH, J.
WRIT PETITION NOS. 7212,7213 & 7880 OF 2014 (T-IT)
AUGUST 21, 2014
Section 179 of the Income-tax Act, 1961 - Company in liquidation - Liabilities of directors (Condition precedent) - Whether where Assessing Authority had not referred to any proceedings initiated against company to show that it was not possible to recover tax due from said company, no liability could be fixed on assessee-director of said company to pay due tax - Held, yes [Para 5] [In favour of assessee/Matter remanded]
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