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...
Directors cannot be made personally liable for a company's GST dues merely by virtue of office; recovery from their personal assets is permissible only if the statutory conditions for fastening vicarious liability are satisfied, including the requirements in Section 88(3) and an opportunity to show that non-recovery from the company was not due to their gross negligence, misfeasance or breach of duty. As the directors were not heard before their personal bank accounts were attached, the recovery notices were unsustainable. The HC set aside the attachments and remitted the matter for fresh consideration after receiving representations and granting a hearing.
Directors cannot be made personally liable for a company's GST dues merely by virtue of office; recovery from their personal assets is permissible only if the statutory conditions for fastening vicarious liability are satisfied, including the requirements in Section 88(3) and an opportunity to show that non-recovery from the company was not due to their gross negligence, misfeasance or breach of duty. As the directors were not heard before their personal bank accounts were attached, the recovery notices were unsustainable. The HC set aside the attachments and remitted the matter for fresh consideration after receiving representations and granting a hearing.
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