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2013 (12) TMI 726 - HC - Income TaxWhether tax dues of company be recovered from its directors - Held that:- Tax dues of a private company can be recovered from its Directors in the circumstances specified in Section 179 of the Act - Section 179 of the Act cannot be invoked if such a Director proves that non recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on the part of the petitioner in relation to the affairs of the company - The petitioner has thus proved that non recovery of the tax due against the company cannot be attributed to any gross neglect, misfeasance or breach of duty on her part in relation to the affairs of the company - Neither the ACIT nor the CIT have referred to any material nor they have referred to any evidence to indicate any gross neglect, misfeasance or breach of duty on the part of the petitioner in relation to the affairs of the company - Decided in favour of petitioner.
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