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2016 (12) TMI 1007 - HC - Income TaxProceedings for recovery under Section 179 - Held that:- We are of the view that before the issue of interpretation of the word 'Tax due' can be decided, the factual aspect of the amount due on account of tax and interest from the defaulting company has to be ascertained. This is more so in view of the fact that the demand under Section 156 of the Act along with computation of tax, which is shown to us is dated 28th December, 2004 i.e. much before the petition was filed. However, no reference was made to it in the petition nor any amendments moved to the petition over the last 10 years when the petition was pending. Therefore it would be appropriate to restore the issue before the Assessing Officer at the stage of the notice dated 29th January, 2003 to determine the factual amount due from the defaulting company and consequently the petitioner. Thereafter the Assessing Officer will rule on the meaning of the words 'tax due' under Section 179 of the Act
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