Corporate prosecution under income-tax law survives mandatory imprisonment limits; fine remains workable for juristic persons.
A company or firm can be prosecuted under section 276B read with section 278B of the Income-tax Act, 1961, because section 278B expressly extends liability to the company, persons in charge, and other responsible officers. The fact that mandatory imprisonment cannot be imposed on a juristic person does not defeat prosecution; in that situation, fine remains the workable punishment for the company, while imprisonment and fine may apply to natural persons where legally permissible. The discharge of the other accused was also held unsustainable because no independent finding supported that result, and the matter was remitted for fresh hearing in accordance with law.
Issues: (i) whether a company or firm can be prosecuted under section 276B of the Income-tax Act, 1961, read with section 278B, where the prescribed punishment includes mandatory imprisonment and fine; (ii) whether the discharge of the other accused could be sustained in the absence of any finding supporting that result.
Issue (i): Whether a company or firm can be prosecuted under section 276B of the Income-tax Act, 1961, read with section 278B, where the prescribed punishment includes mandatory imprisonment and fine.
Analysis: Section 278B expressly provides that where an offence under the Act is committed by a company, the company, every person in charge of its business, and other responsible officers may be proceeded against and punished. A firm is included within the expression "company" for this purpose. The provision was read harmoniously with section 276B and the object of the legislation. The impossibility of imposing imprisonment on a juristic person does not nullify the prosecution itself; in such a case, the punishment is to be adapted so that fine may be imposed on the company while imprisonment and fine apply to natural persons where permissible.
Conclusion: The company or firm can be prosecuted and convicted under section 276B read with section 278B, and the prosecution is legally maintainable; only the sentence of imprisonment cannot be imposed on the juristic person.
Issue (ii): Whether the discharge of the other accused could be sustained in the absence of any finding supporting that result.
Analysis: The discharge of the remaining accused had been upheld without an independent finding that justified affirming the trial court's reasoning. In the absence of such a finding, the order could not be sustained.
Conclusion: The discharge of the other accused was not sustainable on the record.
Final Conclusion: The impugned order was set aside and the revision petition was directed to be heard afresh in accordance with law.
Ratio Decidendi: A company or firm included within the definition of "company" under section 278B of the Income-tax Act, 1961 can be prosecuted for an offence under section 276B notwithstanding that imprisonment cannot be imposed on it; in such a case, fine is the workable punishment for the juristic person.