Liquidator notification duty triggers tax assessment and exposes directors to joint liability for unpaid tax. Liquidator notification duty requires intimation to the Commissioner within thirty days of appointment, after which the Commissioner may inquire and, within three months of receiving intimation, notify an amount deemed sufficient to cover tax, interest or penalty payable by the company. If a private company's tax, interest or penalty cannot be recovered following winding up, every person who was a director during the relevant period is jointly and severally liable unless he proves to the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Liquidator notification duty triggers tax assessment and exposes directors to joint liability for unpaid tax.
Liquidator notification duty requires intimation to the Commissioner within thirty days of appointment, after which the Commissioner may inquire and, within three months of receiving intimation, notify an amount deemed sufficient to cover tax, interest or penalty payable by the company. If a private company's tax, interest or penalty cannot be recovered following winding up, every person who was a director during the relevant period is jointly and severally liable unless he proves to the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty.
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