Section 179 of the Income Tax Act

Income-tax Act, 2025: s.323

Section 179 of the Income-tax Act, 1961 corresponds to section 323 (Liability of directors of private company) of the Income-tax Act, 2025.

Read section 323 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 179 is CIT v. Express Newspapers Ltd. (40 ITR 38), cited in 10 of the 35 judgments on BharatTax that turn on this section.

Leading authorities on Section 179

Judgments on Section 179

Income Tax Officer Ward 6(2)(1), Mumbai, Income Tax Office vs. Essar Power Jamnagar Limited, Mumbai

ITA 2463/MUM/2024[2011-12]Status: DisposedITAT Mumbai19 Nov 2024AY 2011-12

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2011-12 Income Tax Officer, Essar Power Jamnagar Ltd., Ward 6(2)(1), 11, Essar House, K.K. Marg, Vs. Mumbai Mahalaxmi, Mumbai – 400 034 (Pan : Aabce8921G) (Assessee) (Respondent) Present For: Assessee : Shri Vijay Mehta, Ca Revenue : Shri Biswanath Das, Cit, Dr Date Of Hearing : 05.09.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1062839468(1), Dated 18.03.2024 Passed Against The Assessment Order By Income Tax Officer, Ward – 6(2)(4), U/S. 144 R.W.S. 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.03.2016 For Assessment Year 2011-12. 2. Grounds Taken By The Revenue Are Reproduced As Under: "1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Citia) Was Justified In Declaring The Assessment Order Passed As Nullity Without Considering The Fact That The Assessee Was In Existence When The Transactions Were Made? 2. "Whether On The Facts & Circumstances Of The Case, The Ld. Citia) Was Justified In Treating The Assessment Proceedings As Without Jurisdiction, Without Considering The Fact That The Reference Can Be Made For Revival Of Companies From The Date Of Strike Off, As Per The Instruction By The Cbdt Vide Letter Dated 29.12.2017?

For Appellant: Shri Vijay Mehta, CAFor Respondent: Shri Biswanath Das, CIT, DR
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