LAWS(GJH)-2014-2-138

DHAVAL N. PATEL Vs. COMMISSIONER OF INCOME TAX

Decided On February 26, 2014
Dhaval N. Patel Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) Facts are common in both the petitions. Therefore both the petitions are heard together and are being disposed of by this common judgment. For the purpose of this judgment we may notice the facts as arising in Special Civil Application No. 14422 of 2008. Challenge in this petition preferred under article 226 is made to the issuance of order under section 179 of the Income-tax" Act, 1961 ("the Act" hereinafter) dated January 11, 2005, as also to order passed under section 264 of the Act dated March 19, 2008.

(2.) The factual background necessary for adjudication is as follows:

(3.) We have heard learned counsel Shri Tushar Himani for the petitioner who has fervently contended that the company is a public limited company and, therefore, the very provision is not applicable. He has also pointed out various documents to substantiate his contention that the petitioner was a director of the public limited company which was incorporated from the very beginning as a public limited company and even for the year under consideration, i.e., 1996-97, the same was a public limited company. He therefore, urged that the act of issuance of notice so also the order of rejection of his revision, both deserve to be quashed.