Home Companies Act Tax to be recovered from Directors, if company fails to make payment [Read HC Order]

Tax to be recovered from Directors, if company fails to make payment [Read HC Order]

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Tax to be recovered from Directors, if company fails to make payment [Read HC Order]

Tax to be recovered from Administrators, if firm fails to make fee [Read HC Order]

The petitioners are the administrators of M/s. Absar Buildwares Personal Restricted firm registered below the provisions of the Firms Act. The corporate did not make fee of the dues below the Kerala Worth Added Tax Act, 2003. When the taxing authorities couldn’t recuperate the dues from the corporate, they issued a discover for restoration of the mentioned tax dues towards the petitioners, who’re the administrators. Part 39 of the Kerala Worth Added Tax Act, 2003, empowers the taxing authorities to recuperate the tax dues from the administrators of the non-public firm if the corporate fails to make fee of the tax.

Part 39 of the Kerala Worth Added Tax Act, 2003, reads as below:

“39. Legal responsibility of Administrators of a Personal Firm:- The place any tax or different quantity recoverable below this Act from any non-public firm, whether or not present or wound up or below liquidation, can’t be recovered for any motive in any respect, each one who was a director of such firm at any time in the course of the interval for which the tax or different quantity is due below this Act shall be collectively and severally accountable for the fee of such tax or different quantity until he proves that the non-recovery can’t be attributed to any negligence, misfeasance or breach of obligation on his half in relation to the affairs of the corporate.”

Courtroom Order:

The Courtroom didn’t discover that the impugned notices undergo from any illegality, that requires them to intrude, and due to this fact, the current writ petition was dismissed.

For Official Judgment Obtain PDF Given Beneath:

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