2018 (11) TMI 1134

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....E SERVED BY DS (5) ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner has prayed for setting aside a notice dated 19.06.2018 and a subsequent communication dated 06.09.2018 issued by the authorities under the Gujarat Value Added Tax Act, 2013. 2. Brief facts are as under: Petitioner is an individual. He was a director of one Ms. Arihant Designer Jewellers Private Li....

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....e same is entered. 3. Upon coming to know about such communication, the petitioner, through his advocate, wrote to the Commercial Tax Officer on 13.07.2018 pointing out that he had already resigned from the company and that the property was in the name of one Jyoti Virendra Vora and Virendra Rasiklal Vora. Earlier, it was in the name of Shardaben Rasiklal Vora. Property was never in the name of....

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....ges is that the department is seeking to recover the dues of the private limited company from the petitioner as the director of the company. No provision is brought to our notice under the VAT Act enabling the department to do so. Concept of the company and its directors being separate and distinct entities is all too well established The Courts of course have in exceptional case, recognized the p....