2019 (2) TMI 550

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s Tax<br>MR K. VINOD CHANDRAN AND MR MR ASHOK MENON, JJ. For The Petitioner : ADV. SRI. A. KUMAR For The Respondent : SR. GP SRI MOHAMMED RAFIQ JUDGMENT Vinod Chandran, J. The petitioner, one of the Directors of the third respondent (a private limited company), is before this Court challenging the revenue recovery proceedings. The petitioner had two contentions; one that the provisi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ector. Section 26C specifically speaks of joint and several liability of every person who was a Director of a private limited company only if the tax or other amounts recoverable under the Act cannot be recovered for any reason from the private company. Hence the proceedings has to be taken first against the company and there should also be sufficient material to show that the recovering authoriti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s Act, if any statutory right or protection is available to the Director under the Companies Act contravention of the same could be taken as a defense against the recovery. 5. There is also a contention raised by the learned counsel for the petitioner that the assessment and the demand raised are no longer in force and whatever demands survive for the assessment year has been satisfied. Necessa....