TMI Blog1992 (2) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax due from the company should not be taken - any amounts which might have been paid either by the appellants or by the company in the course of the proceedings now under challenge will not be liable to be refunded to the appellants - - - - - Dated:- 20-2-1992 - S. RANGANATHAN., YOGESHWAR DAYAL. and V. RAMASWAMY. ORDER Leave granted. The appellants are directors of a company known ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n an application under section 154 of the Act filed before the Commissioner of Income-tax. But the Commissioner of Income-tax rejected this contention on the ground that it had not been raised earlier and that there was no mistake apparent on the face of the record which needed rectification. Thereupon, the appellants preferred writ petitions before the High Court. The learned single judge of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petitions. Before us, learned counsel for the appellants, relied upon the above communication from the Registrar of Companies but since the genuineness of this letter was doubted, we issued notice to the Registrar of Companies, Kerala. An affidavit has now been filed on behalf of the Registrar. It clearly shows that the company had become a public limited company by virtue of section 43A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961, by the Deputy Commissioner and the further orders passed by the Commissioner of Income-tax in revision and under section 154 of the Act. Further proceedings against the present appellants for recovery of the tax due from the company should not be taken. We, however, should not be understood as having in any way restricted the powers of the Department to recover the amounts due from the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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