1968 (2) TMI 17

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....rivate limited company by name The Coonoor Talkies Private Limited, prays for a rule forbidding the respondents from attaching his personal properties for recovery of penalty levied on the company for non-payment of tax due for the years 1959-60 and 1960-61. On January 10, 1962, he filed a declaration of solvency with the Registrar of Companies and on January 19, 1962, there was a resolution of th....

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....uring the accounting years the petitioner was one of the directors. If that be so, section 179 of the Income-tax Act makes every person, who was a director of the private company at any time during the relevant previous years, jointly and severally liable for payment of tax and this liability attaches notwithstanding anything contained in the Companies Act, 1956. Nowhere before filing the writ pet....

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....art I in the Second Schedule to the Income-tax Act. The rule requires that a notice shall issue from the Recovery Officer calling upon the defaulter to pay the amount specified in the certificate within 15 days from the date of the service and intimating that in default, steps would be taken to realise the amount due. It is not in dispute that the first respondent, who is the Recovery Officer, iss....

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....ity to show cause why execution should not proceed, but if the judgment-debtor is aware of the proceedings, the court has jurisdiction to hold the same and that a fortiori if he appears in the proceedings, he cannot later raise the objection that they are bad for want of notice. As we mentioned, the petitioner is clearly aware of the recovery proceedings and in fact participated in them by making ....