Orissa VAT Dues of Company cannot be recovered from Directors: HC

Atul Kumar Saxsena Vs Commissioner of Sales Tax (Orissa High Court) A perusal of the counter affidavit filed by the Opposite Parties reveals that there is no mention of any source of power under the OVAT Act enabling the Department to proceed, for the dues of a company, against its Directors. In other words, there is no provision of the OVAT Act under which the Department can seek to attach the Bank account of an individual Director only because he happens to be associated with the Company which is in default. The Company is a separate legal entity which can sue and is capable of being sued. A...