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2009 (7) TMI 673 - HC - Income TaxRecovery of Tax- The petitioner who was the director of a private limited company has been proceeded against in respect of the amount due from the company invoking the provisions under section 179 of the Act. The primary contention of the petitioner is that the invocation of power under section 179 of the Income-tax Act is not correct or sustainable for the reason that absolutely no finding has been arrived at by the Departmental authorities holding that the due amount is not recoverable from the company and its assets. Held that- dismissing the petition, as it was after referring to the available facts and figures that the authority arrived at a finding in this regard as borne out by the order passed and as such the statutory requirement was complied with, therefore the order passed was not in contravention of the specific stipulation under section 179.
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