Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
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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