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Section 179 cannot fasten unrecovered company tax on a director of an unlisted public company merely because shareholding is concentrated or shares were not publicly offered. Public or private status depends on the Memorandum and Articles of Association; lifting the corporate veil requires exceptional facts, which were absent. Liability also requires a finding that non-recovery was attributable to the director's gross neglect, misfeasance or breach of duty, assessed against the director's role in the non-recovery. Reliance on an undisclosed adverse statement while disregarding relevant material from the director breached natural justice. The order imposing the company's tax liability on the director was quashed.
Section 179 cannot fasten unrecovered company tax on a director of an unlisted public company merely because shareholding is concentrated or shares were not publicly offered. Public or private status depends on the Memorandum and Articles of Association; lifting the corporate veil requires exceptional facts, which were absent. Liability also requires a finding that non-recovery was attributable to the director's gross neglect, misfeasance or breach of duty, assessed against the director's role in the non-recovery. Reliance on an undisclosed adverse statement while disregarding relevant material from the director breached natural justice. The order imposing the company's tax liability on the director was quashed.
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