Corporate criminal liability: officers and those in charge can be deemed guilty for company tax offences, subject to due diligence defense. Section 35HA deems a company and every person in charge of and responsible for its business at the time of a Wealth-tax Act offence to be guilty and liable to prosecution, subject to a defence proving lack of knowledge or exercise of all due diligence. If the offence is committed with the consent or connivance of, or attributable to neglect by, any director, manager, secretary or other officer, that officer is also deemed guilty. Where the offence attracts imprisonment and fine, the company may be fined while specified individuals remain liable to be proceeded against. 'Company' includes firms and associations, and 'director' includes partners and controlling members.
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.
Corporate criminal liability: officers and those in charge can be deemed guilty for company tax offences, subject to due diligence defense.
Section 35HA deems a company and every person in charge of and responsible for its business at the time of a Wealth-tax Act offence to be guilty and liable to prosecution, subject to a defence proving lack of knowledge or exercise of all due diligence. If the offence is committed with the consent or connivance of, or attributable to neglect by, any director, manager, secretary or other officer, that officer is also deemed guilty. Where the offence attracts imprisonment and fine, the company may be fined while specified individuals remain liable to be proceeded against. "Company" includes firms and associations, and "director" includes partners and controlling members.
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