Petitioner was a director of company A & G Projects Technologies Ltd. AO issued show cause notice to the petitioner as joint and severally liable qua the income tax liability of the Company. On Writ the petitioner contended that he has resigned from the company as a director prior to commencement of assessment proceedings. The revenue contended that the petitioner has the alternative remedy u/s. 264 of the Act hence the writ is not maintainable. Court held that as the alternative remedy is available the petitioner was directed to avail the alternate remedy by way of a statutory revision under S. 264 of the Act (Referred Collector of Central Excise Chandan v. Dunlop India Ltd 1984 taxmann.com 492 (SC), United Bank of India v. Satyawati Tondon (2010) 8 SCC 110, Authorised Officer State Bank of Travancore v. Mathew K.C. (2018) 89 taxmann.com 429 (SC) (WP No 23222of 2019 dt 8-8-2019 (SJ) (AY. 1999-2000 to 2006-07)
B. Muralidhar. v. DCIT (2019) 267 Taxman 35 /(2020) 424 ITR 397 / 187 DTR 162 (Mad.)(HC)
S. 179 : Private company-Liability of directors–Alternative remedy is available by way of revision-Writ petition is dismissed. [S.264, Art.226]