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2017 Supreme(Guj) 449

AKIL ABDUL HAMID KURESHI, A.J.SHASTRI
Ajay Surendra Patel – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Appellant : S.N. Soparkar, Jaimin R. Dave
For the Respondent: M.R. Bhatt, Mauna M. Bhatt, Munjal M. Bhatt

JUDGMENT :

A.J. Shastri, J.

1. The petitioner, by way of present petition, has challenged the legality, validity and propriety of an order dated 31.3.2016 issued under Section 179 of the Income-tax Act, 1961 (for short 'the Act') whereby, the corporate veil of a company is lifted and the directors are held to be defaulters within the meaning of Section 179 of the Act and it is this order which is made the subject matter of present petition.

2. Brief facts are as under :

2.1 The company named as Hirak Biotech Limited was incorporated under the provisions of the Companies Act, 1956 on 25.1.2005 initially with main directors, namely, Mr. Pranav Amratlal, Mr. Pratik P. Shah and Mrs. Niketa B. Bhatt. Within a short span, on 20.3.2005 the petitioner was introduced as director of this company and the petitioner continued as such upto 5.9.2005. The petitioner presented the petition on the premise that though he was appointed as a director, in reality had not acted as such; neither he had made any signature in any affairs of the company nor on any financial statements, banks, income tax doc
































































































































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