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2019 (4) TMI 1132 - HC - Income TaxNotice under section 179 - Liability of directors of private company in liquidation - as submitted the company in question is a public limited company and not a private limited company and hence, it was not permissible to invoke section 179 - HELD THAT:- As submitted that the impugned order passed under section 179 of the Act goes beyond the showcause notice inasmuch as the showcause notice is issued in respect of assessment years 2008-09 and 2011-12 to the petitioner No.1Smt. Anandhi P. Naig and in respect of assessment year 2008-09 only to the petitioner No.2– Shri Pandoo P. Naig whereas, the impugned order has been passed in respect of several other assessment years. It was submitted that except for petitioners No.1 & 2, the rest of the petitioners have not being served with any notice under section 179 of the Act and therefore, the impugned order is in breach of the principles of natural justice as well as contrary to the statutory provisions. Having regard to the submissions advanced by the learned counsel for the petitioners, issue Notice, returnable on 12.02.2019. By way of adinterim relief, the impugned order dated 31.12.2018 passed under section 179 of the Act as well as the consequential demand notice under section 156 of the Act are hereby stayed.
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