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    Filing of prosecution under sections 162 and 220 - Complaints in respect of offences providing for fine only are to be filed within six months from the date of offence
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    Limitation on prosecution: complaints for offences punishable by fine must be filed within six months under CrPC.
    Complaints for offences under the Companies Act and related rules punishable only with fines must be filed within six months from the date of the offence under the Code of Criminal Procedure; where complaints are delayed, an application for condonation of delay may be filed under the relevant procedural provision. Administrative authorities are advised to expedite default/pre-prosecution notices, secure sanction for prosecution promptly, and file complaints arising from inspection or investigation reports within the limitation period.
    Inter-corporate loans - Under same management - Whether section 370/295 applies to inter‑corporate deposits treating them as ‘loans’
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    Inter-corporate deposits treated as loans under company law; statutory restrictions apply to intra-group advances.
    The Law Ministry advised that deposits kept by one company with another qualify as loans and therefore the statutory provisions applicable to loans between companies are attracted to inter corporate deposits, a position informed by prior judicial authority.
    Laying accounts at annual general meeting within statutory period laid down in sub‑section (3) of the section ‑ Whether mandatory on the part of board of directors
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    Duty to lay accounts at annual meeting remains mandatory; adjournments cannot bypass statutory timing and expose directors to prosecution.
    Mandatory duty on the board of directors to lay the company accounts at every annual general meeting within the statutory period is reaffirmed. Although adjournment is permissible if accounts are not ready, the adjourned meeting must occur within the prescribed statutory period, including any authorized extension, and adjournments cannot be used to bypass timing requirements, failing which directors are liable to prosecution.

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      Companies Law

      Inter-corporate loans - Under same management - Whether section 370/295 applies to inter‑corporate deposits treating them as ‘loans’

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      Inter-corporate deposits treated as loans under company law; statutory restrictions apply to intra-group advances.
      The Law Ministry advised that deposits kept by one company with another qualify as loans and therefore the statutory provisions applicable to loans ... Summary

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      ActsIncome Tax