Liquidation of company


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Querist : Anonymous

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Querist : Anonymous (Querist)
25 July 2012 A Pvt ltd company is being liquidated by notice from creditor & company has almost no asset , but has old income tax liabilities.
If company is wound up by court order, then will the liability of Income tax cease , or will directors be asked to pay old Income tax Liabilities.
If shareholders are liable to the extent of Share holding, then what about directors liability?

25 July 2012 I think, the word "Limited" will play its own role.
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Shareholders can be made liable to the extent of their unpaid calls on shares issued to them.
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We can not go in "Private" to make personally liable the directors.
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However, Section 179 of IT Act 191, is an overriding
provision which makes liable to the directors, jointly and severally.
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If he can prove that the liability of tax is not due to his own gross neglect, misfeasance or breach of duty, then the directors can not be made liable.
.

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Querist : Anonymous

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Querist : Anonymous (Querist)
25 July 2012 Thanks a lot Mr Bafna

25 July 2012 Agreed to Mr Paras


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