PR. CIT (C)-2 NEW DELHI vs. AVINASH KUMAR SETIA
ITA/935/2016HC Delhi01 May 2017
Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR
Section 151
…thereof, it cannot be said that the defendants are entitled to the benefit of proviso (c) to Section 17 of the Act. CS(COMM) 935/2016 Page 5 of 9 19. Supreme Court in Ram Pershad Vs. The Commissioner of Income-Tax, New Delhi 1972 2 SCC 696 held that a Director of a company is not a servant but an agent of the company; only when the Director is employed as the Managing Director, would he have the capacity as the Managing Director of an employee of the company and the nature of his employment is to be determined by the Articles of Association of the company and/or by the Agreement…