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2023 (6) TMI 887 - CALCUTTA HIGH COURTComplaint u/s 276C (2) r.w.s. 278B - Allegation of willful evasion of tax - Liability of Directors / ex-directors of company u/s 179 - Company is under liqudiation process - Vikash Metal and Power Limited (under liquidation) is a Public Limited Company - whether demand against a Public Limited Company shall not be recovered against its Directors. HELD THAT:- Hon’ble Court has directed the winding up of the company on 08.09.2015, everything related to the company is now in the custody of the official liquidator and as such the petitioners have no liability nor responsibility in respect of the affairs of the company. The proceedings against them should thus be quashed. The Income Tax Authorities admitted before this Court that they did not have knowledge of the winding up order dated 08.09.2015 and filed this case on 02.08.2019. Admittedly, considering the present situation, the official liquidator is a necessary party before the trial court. Though the official liquidator is now in-charge of the affairs of the company, the petitioners being the erstwhile directors are to assist the official liquidator in affairs of the company even after winding up. Petitioners’ relief on grounds stated thus lies in praying for discharge before the trial court, which the Court is to consider in accordance with law, on adding the official liquidator as a party to the case, first and then consider the prayer for discharge if any. Accused Kailash Chand Jain’s petition praying for discharge is still pending before the Metropolitan Magistrate, Calcutta. The revisional application is accordingly dismissed. Ld' Magistrate to proceed expeditiously with the case as per observation in the body of this judgment, but not being influenced by them.
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