Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Section 39 permits personal recovery of a company's tax dues from a Director only after considering the availability of company assets, whether the person was a Director when the dues arose, and whether non-recovery resulted from negligence, misfeasance or breach of duty. The Director bears the statutory burden of establishing that non-recovery was not attributable to such conduct. Recovery from personal assets requires a hearing and a reasoned order on these matters, while recovery may first be pursued against company assets and subsequently against Directors under the statutory scheme.
Section 39 permits personal recovery of a company's tax dues from a Director only after considering the availability of company assets, whether the person was a Director when the dues arose, and whether non-recovery resulted from negligence, misfeasance or breach of duty. The Director bears the statutory burden of establishing that non-recovery was not attributable to such conduct. Recovery from personal assets requires a hearing and a reasoned order on these matters, while recovery may first be pursued against company assets and subsequently against Directors under the statutory scheme.
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