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    <title>2024 (12) TMI 217 - GUJARAT HIGH COURT</title>
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    <description>Recovery of a company&#039;s tax dues cannot be enforced against a former director&#039;s personal property unless the statutory preconditions are met: the company must be in liquidation and the director must first be given an opportunity to show that non-recovery was not due to gross neglect, misfeasance or breach of duty. Where the director had resigned and died before recovery action began, proceedings were taken against a dead person and without the foundation required to fasten personal liability. On those facts, recovery certificate and attachment against the director&#039;s property were unsustainable and were quashed.</description>
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    <pubDate>Fri, 18 Oct 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=762637</link>
      <description>Recovery of a company&#039;s tax dues cannot be enforced against a former director&#039;s personal property unless the statutory preconditions are met: the company must be in liquidation and the director must first be given an opportunity to show that non-recovery was not due to gross neglect, misfeasance or breach of duty. Where the director had resigned and died before recovery action began, proceedings were taken against a dead person and without the foundation required to fasten personal liability. On those facts, recovery certificate and attachment against the director&#039;s property were unsustainable and were quashed.</description>
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      <pubDate>Fri, 18 Oct 2024 00:00:00 +0530</pubDate>
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