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2014 Supreme(Guj) 359

AKIL KURESHI, SONIA GOKANI
RADHEY MOHAN SHARMA – Appellant
Versus
DEPUTY COMMISSIONER OF INCOME TAX – Respondent


Advocates:
Advocate Appeared:
MR JP SHAH, ADVOCATE for the Petitioner(s) No. 1 MR MANISH J SHAH, ADVOCATE for the Petitioner(s) No. 1 MRS MAUNA M BHATT, ADVOCATE for the Respondent(s) No. 1

JUDGMENT

SONIA GOKANI, J.

1. In the present petition, the challenge is made by the petitioner to the order dated November 03, 2004 of the Revenue passed under section 179 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in the following factual background :

1.1 M/s. Blue Information Technology Ltd. is a Public Limited Company vide certificate of incorporation dated May 25, 1992. On June 12, 1996 the company came out with a public issue and the petitioner was the director of the said Company till he resigned on June 09, 1997. It is averred in the petition that the petitioner was an ordinary Director, not connected with the day-to-day activities of the company nor was he an executive Director.

1.2 The company was assessed for the assessment year 1995-96, 1996-97 and 1997-98 and the substantial tax demands were raised against the company.

1.3 A notice dated October 14, 2001 was issued under section 221(1) of the Act for nonpayment of dues of the company to the tune of Rs.297 lakh. The petitioner replied to the same inter alia stating that he was no longer associated with the company since many years and he cannot be held liable for any tax demand raised against the compan






















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