HC dismissed petition requesting that Chairman and MD may not be summoned by department for investigation
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- Last Updated on 8 November, 2022
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Case Details: Suumaya Industries Ltd. v. Union of India - [2022] 144 taxmann.com 104 (Bombay)
Judiciary and Counsel Details
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- K.R. Shriram & A.S. Doctor, JJ.
- Abhishek Rastogi & Ms Akshita Shetty for the Petitioner.
- Pradeep S. Jetly, Sr. Adv. J.B. Mishra, Ms Sangeeta Yadav & Dhananjay Deshmukh for the Respondent.
Facts of the Case
The petitioner filed writ petition seeking direction that the chairman and managing director may not be summoned and only the Chief Finance Officer (CFO) be summoned because only he knows everything. However, the department contended that the said director had appeared earlier and had given his statement and opposed the petition.
High Court Held
The Honorable High Court noted that the instant petition had been signed and verified on oath by the said director which proved that he was aware of facts and circumstances. However, the director could not be exempted from appearing before concerned authority as department can issue summons to anyone including director in accordance with law and the person summoned shall appear before authority at such time and date without failure.
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