No provision in Sales Tax fastening Sales Tax liability of the Company on its Director: Gujarat High Court

No provision in Sales Tax fastening Sales Tax liability of the Company on its Director: Gujarat High Court

No provision in Sales Tax fastening Sales Tax liability of the Company on its Director: Gujarat High Court The Gujarat High Court in one of its order…

authorCA Pratibha GoyaldateMar 21, 2022
Last update on Mar 21, 2022
No provision in Sales Tax fastening Sales Tax liability of the Company on its Director: Gujarat High Court The Gujarat High Court in one of its orders cited that there is no provision in the Sales Tax Act fastening the liability of the company to pay its sales tax dues on its Director. In this case, the department attached the Bank Account of the Director of a company in order to recover Rs.1,58,65,840/- from the company. The principal argument of Mr. Hiren J Trivedi, Counsel of Petitioner was that for the purpose of recovering the Sales Tax dues of the company, the department could not have proceeded to attach a personal bank account of its Director. He further submitted that it is the company that could be termed as the taxable entity for the purpose of the VAT Act, 2003. The Court agreed to this argument and the attachment on the bank account of the writ applicant was ordered to be lifted.

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CA Pratibha Goyal

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CA Pratibha Goyal is Chartered Accountant qualified in 2016, is a Member of The Institute of Chartered Accountants of India having wide experience in the field of Auditing, Taxation, ROC, GST and Secretarial matters etc. She has written over a thousand articles & has made several videos on topics related to Auditing & Taxation. As a Speaker she has delivered various sessions on various branches of NIRC of ICAI.
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