TMI Blog2018 (5) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... r a recovery of the tax dues of the delinquent company, would require the notice to the Directors/ former Directors, itself, indicating what steps had been taken to recover the dues from the delinquent company and the failure thereof. Only when the above exercise has been done and is indicated in the show cause notice that the AO and can claim to have satisfied the condition precedent for commenci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1961 (the Act), by Respondent No.2Assessing Officer. By the impugned order dated 15th February, 2018, the Petitioner is directed to pay the tax dues of ₹ 38.34 Crores of M/s. Damasy Retail Jewellery Pvt. Ltd., in respect of Assessment Year 2008-09 to 2010-11. Petitioner is a former Director of M/s. Damasy Retail Jewellery Pvt. Ltd., having been a director during the period 29th Dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended by Mr. Shah, learned Counsel for the Petitioner that the show cause notice dated 26th July, 2017 does not make any mentioning of the Revenue's attempt to recover the tax dues of M/s. Damasy Retail Jewellery Pvt. Ltd. from it and the result thereof. In this circumstances, it is submitted that the impugned proceedings, are completely, without jurisdiction. 5. It is an agreed position be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise has been done and is indicated in the show cause notice that the Assessing Officer and can claim to have satisfied the condition precedent for commencing proceedings under Section 179(1) of the Act. 6. Mr. Sharma, learned Counsel for the Respondent very fairly states that the issue stands concluded against the Revenue in the present facts, by the decision of this Court in Madhavi Kerkar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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