https://www.taxtmi.com/caselaws?id=366341 The court set aside the order seeking recovery of unpaid tax dues from an ex-director under section 179 of the Income Tax Act, emphasizing the necessity for the Revenue to establish the impossibility of recovering dues from the company before holding directors personally liable. The court found that the Assessing Officer did not provide sufficient grounds for invoking section 179, lacking mention of gross negligence, misfeasance, or breach of duty by the ex-director. The decision clarified the burden of proof and procedural requirements, allowing for a fresh exercise if supported by adequate evidence. en-us Mon, 27 Aug 2018 00:00:00 +0530 Sat, 01 Sep 2018 08:40:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=366341 The court set aside the order seeking recovery of unpaid tax dues from an ex-director under section 179 of the Income Tax Act, emphasizing the necessity for the Revenue to establish the impossibility of recovering dues from the company before holding directors personally liable. The court found that the Assessing Officer did not provide sufficient grounds for invoking section 179, lacking mention of gross negligence, misfeasance, or breach of duty by the ex-director. The decision clarified the burden of proof and procedural requirements, allowing for a fresh exercise if supported by adequate evidence. Case-Laws Income Tax Mon, 27 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=366341