Vicarious liability for corporate offences: responsible officers and controlling persons face prosecution absent due diligence. Offences by companies under the Gujarat Goods and Services Tax Act render the company and every person in charge of, and responsible to, the company for its business conduct deemed guilty and liable to prosecution. Where an offence is committed with the consent, connivance, or negligence of a director, manager, secretary or other officer, that officer is likewise deemed guilty. Partners, designated members of LLPs, karta of HUFs and managing trustees are similarly liable, subject to a defence proving lack of knowledge or that all due diligence was exercised. 'Company' includes firms and associations; a partner is treated as a 'director.'
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Vicarious liability for corporate offences: responsible officers and controlling persons face prosecution absent due diligence.
Offences by companies under the Gujarat Goods and Services Tax Act render the company and every person in charge of, and responsible to, the company for its business conduct deemed guilty and liable to prosecution. Where an offence is committed with the consent, connivance, or negligence of a director, manager, secretary or other officer, that officer is likewise deemed guilty. Partners, designated members of LLPs, karta of HUFs and managing trustees are similarly liable, subject to a defence proving lack of knowledge or that all due diligence was exercised. "Company" includes firms and associations; a partner is treated as a "director."
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