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TMI Blog2018 (7) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. Mr. V.A. Sonpal, Special Counsel with Ms S.D. Vyas, "B" Panel Counsel for the Respondents. P.C: 1. On this writ petition, which seeks quashing and setting aside of two orders, copies of which are at Exhibits "C" and "D" to the petition, on notice, the respondents have appeared. 2. Exhibits "C" and "D" are the two orders which seek to foist liability to pay certain sums on the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (6)} to Section 44 comes into effect from 15-4-2017. 6. Mr. Sonpal, learned Special Counsel engaged by the respondents/Department very fairly states that the language of sub-section (6) requires the respondents to record a satisfaction that the liability can be fastened on to the petitioners because they have failed to prove that the non-recovery of the taxes from private company, whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use, then an opportunity of personal hearing will be afforded to the petitioners and a reasoned order will follow thereafter. At such an opportunity of personal hearing, the petitioners can prove that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on their part, in addition to urging that given the scheme of the Companies Act, 2013 and sub-section (6) bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt as impugned in the writ petition are withdrawn by the respondents. In the circumstances, no coercive measures can be apprehended by the petitioners any longer. The writ petition is disposed of in these terms. 10. In the light of the above, the orders of 26-2-2018 and the notices of 9-4-2018 cannot be given effect to and rather it is conceded that they are premature. 11. All concerned t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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