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2022 (4) TMI 986 - HC - VAT and Sales TaxSeeking to lift attachment of Bank Accounts - recovery of dues payable by the Company under the Act, 2003 - power of authority under the Value Added Tax Act, 2003 to attach any private movable or immovable property of a Director of a Company including the bank account of the Director - HELD THAT:- This Court has made it very abundantly clear that Section-86 of the Act pertains to the offence by companies and contains certain provisions where for the offence of the company, every person who at the time the offence was committed was in-charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence. In essence, this provision makes the person in-charge of the company responsible for the offence vicariously liable for the criminal action, for which, the company may have been charged. However, when it comes to recovering the dues from the company towards liability incurred under the Act, the Department cannot proceed against the individual Director of the Company. It is not in dispute that the bank account is the personal account of the Director. The attachment so far as the Current Account maintained with IDBI Bank, Durga Das Nagar, Pali, Rajasthan stands hereby lifted - Application allowed.
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