Liquidation of company


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
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.
.
Shareholders can be made liable to the extent of their unpaid calls on shares issued to them.
.
We can not go in "Private" to make personally liable the directors.
.
However, Section 179 of IT Act 191, is an overriding
provision which makes liable to the directors, jointly and severally.
.
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.
.

Avatar

Querist : Anonymous

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

25 July 2012 Agreed to Mr Paras


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
13 October 2026
Accountant

Zerdi & Co. Chartered Accountants

Pune

B.Com

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details