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2018 (1) TMI 908 - HC - VAT and Sales TaxRecovery of dues of the Company from the Directors - The case of the petitioners, in a nutshell, is that the directors of the company are not liable and the amount can be recovered only from the assets of the company - Held that: - In the present case, respondent no.2 has not placed on record any material that the petitioners have played any fraud or misrepresentation - The notices, in the present case, have been issued mechanically. Petitioners cannot be held automatically responsible for outstanding dues unless the responsibility of the director was fixed after lifting the veil. Further, the company is not under liquidation. A distinct juristic personality and the properties of a Director cannot be attached for the recovery of the dues of the Company. Petition allowed - decided in favor of petitioner.
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