TMI Blog2007 (1) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... ner has alleged that he was director of m/s. jaipuria minerals private limited. , which is a company, registered under the provisions of the companies act, 1956. The petitioner has further alleged that he submitted his resignation from the board of directors of the company in the year 1975, which was duly accepted by the board of directors of the company on 31st october 1975 and has not obtained a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h bajpai, learned additional chief standing counsel appearing on behalf of the respondents submits that recovery relates to part of the period of assessment years 1972-73 to 1976-77 when the petitioner was the director of the company. He further submits that there is no illegality in the impugned circular issued by the commissioner trade tax, u. P. Learned additional chief standing counsel has rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues against the company the directors cannot be held responsible, if he is not in possession of moveable or immoveable assets/property of the company. In the case of sudershan kumar gulati, kanpur and others (supra) this court has also held that the trade tax arrears due against a limited company cannot be recovered from the erstwhile directors of the company. The same view was taken by this court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upra) is not applicable to the facts of the present case. The circular dated 15-9-1998, a copy which has been annexed as annexure-1 and the notice dated 26-11-1998, a copy of which has been annexed as annexure 4 to the writ petition, so far as it relates to the petitioner are against the provisions of the trade tax act. In the result, the writ petition succeeds and is allowed and a writ in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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