Thursday, April 17, 2014

[aaykarbhavan] Tax dues couldn't be recovered from director if AO didn't make any efforts to recover it from company




 

Tax dues couldn't be recovered from director if AO didn't make any efforts to recover it from company

April 17, 2014[2014] 43 taxmann.com 420 (Gujarat)
IT : Provisions of section 179 can be invoked when any tax due from private company cannot be recovered from such company and, therefore, where Assessing Officer did not make any efforts for recovery of tax dues from company, question of inquiring with petitioner as a director of company to pay up said amount would not arise
IT : Applicability of section 179 cannot be ruled out merely on ground that director was a technical director of company having no involvement in day to day affairs of company
IT : Assessing Officer could not ask petitioner to pay amount of tax due from company in his capacity of director under section 179 without considering petitioner's objection that said company having crossed maximum threshold turnover limit, had become a deemed public company
Regards
Prarthana Jalan


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