Official liquidator liability: failure of tax officer to notify precludes personal liability, prompting procedural safeguards. Where the tax officer fails to give the statutory intimation after the official liquidator has given notice of appointment, the liquidator cannot be regarded as having failed under the relevant provision and it is difficult to fix personal liability on him; tax officers should promptly ascertain and intimate tax and estimated capital gains liabilities, bring outstanding taxes to the court's notice in pending liquidation and may refer the liquidator's conduct for company law action, while recoveries through the liquidator do not preclude action against directors.
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.
Official liquidator liability: failure of tax officer to notify precludes personal liability, prompting procedural safeguards.
Where the tax officer fails to give the statutory intimation after the official liquidator has given notice of appointment, the liquidator cannot be regarded as having failed under the relevant provision and it is difficult to fix personal liability on him; tax officers should promptly ascertain and intimate tax and estimated capital gains liabilities, bring outstanding taxes to the court's notice in pending liquidation and may refer the liquidator's conduct for company law action, while recoveries through the liquidator do not preclude action against directors.
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