Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
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Liability of directors for a company tax debt is contingent on a recorded finding that tax dues cannot be recovered from the company; absent such a finding, proceedings against directors under the statutory provision are impermissible, and the impugned order is set aside on that sole ground. The note clarifies that if, during recovery, the precondition of non-recoverability is subsequently established, invocation of the statutory power against directors remains available but must be exercised strictly in accordance with law and upon satisfaction of the prescribed precondition.
Liability of directors for a company tax debt is contingent on a recorded finding that tax dues cannot be recovered from the company; absent such a finding, proceedings against directors under the statutory provision are impermissible, and the impugned order is set aside on that sole ground. The note clarifies that if, during recovery, the precondition of non-recoverability is subsequently established, invocation of the statutory power against directors remains available but must be exercised strictly in accordance with law and upon satisfaction of the prescribed precondition.
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