2020 (9) TMI 1135

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....t : Mr.A.P.Srinivas, Standing counsel ORDER With the consent of both parties, the Writ Petition is taken up today and heard through video conferencing. 2. To the notice dated 13.11.2018, proposing to treat the petitioner herein as a Principal Officer as defined under Section 2(35)(b) of the Income Tax Act, 1961, the petitioner herein, who had acted as a Director of the Company for a short per....

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....behalf of the Company. Such being the intention of the Parliament, the present impugned order dated 26.11.2018, treating the petitioner, who is a retired Director, as a Principal Officer is unwarranted. 4. I do not intend to lay down any proposition with regard to the right of the department to treat a retired Director of a Company as a Principal Officer. Nevertheless, this Court is of the view t....

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....d had retired thereafter. 5. In this background, the impugned order dated 26.11.2018, treating the petitioner namely, Suvendra Kumar Panda as a Principal Officer is set aside. Consequently, the petitioner is directed to furnish the details of the acting Directors of the Company during the Financial Year 2011-2012 to the respondent herein, by way of a reply to the respondent's proposal dated 1....