Principle of lifting corporate veil cannot be invoked without opportunity of being heard

Rajendra R. Singh Vs ACIT (Bombay High Court)

Held that principle of lifting the corporate veil was invoked without giving an opportunity of being heard violates the principles of nature justice and hence untenable

Facts-

In this petition, the petitioner who is the Chairman and Managing Director of one “Crest Paper Mills Limited (“CPML”), seeks the issuance of a writ of certiorari for quashing inter-alia the order dated 13th February 2018 passed under section 179 of the Income Tax Act, 1961 holding the petitioner liable to pay a demand of Rs.3,98,19,430/- alongwith interest under section 220(2) of the Act which was otherwise due and payable by the company, CPML. The demand outstanding against CPML was for the assessment year 2010-11.

Conclusion-

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