Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Criminal prosecution of a statutory auditor for defective company accounts requires that the auditor fall within the persons designated by the applicable accounting-compliance provision or be expressly charged with that duty. The notes state that an auditor's failure to flag accounting-standard non-compliance does not itself amount to making a false statement unless there is an allegation of a materially false statement or knowing omission of a material fact. They further distinguish wilful default from negligence or lack of due care: criminal liability for breach of statutory audit duties requires allegations of wilfulness, which adverse audit qualifications may negate. On the stated averments, the prosecution was quashed.
Criminal prosecution of a statutory auditor for defective company accounts requires that the auditor fall within the persons designated by the applicable accounting-compliance provision or be expressly charged with that duty. The notes state that an auditor's failure to flag accounting-standard non-compliance does not itself amount to making a false statement unless there is an allegation of a materially false statement or knowing omission of a material fact. They further distinguish wilful default from negligence or lack of due care: criminal liability for breach of statutory audit duties requires allegations of wilfulness, which adverse audit qualifications may negate. On the stated averments, the prosecution was quashed.
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