2007 (2) TMI 611

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.... heard learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged. From the respondents' side, a counter-affidavit and two supplementary counter-affidavits have been filed. The petitioners are aggrieved by the act of the respondents trying to recover trade tax dues against the company known as Idol....

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....according to the trade tax department lays down the law that recovery of trade tax dues is permissible from the personal assets of the directors of the company. After hearing the parties, we are of the opinion that it is not necessary to go into the issue whether the petitioners in fact resigned from directorship of the company as alleged by them and also into the question whether if the petiti....

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.... permissible from the personal assets of the directors. It is not a case of the Government or department that funds of the company have been fraudulently transferred or siphoned off by the petitioners in their capacity as directors.   It is also not the case of the respondent-department that the petitioners were personal guarantors for the dues of the company. In the circumstances, w....