Split consignment classification treated complementary motorcycle parts as one imported motorcycle, sustaining valuation, confiscation and importer li...
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Wrongful treatment of an individual as a company's Principal Officer can undermine criminal prosecution for delayed deposit of tax deducted at source when the prosecution is founded on an incorrect assertion that the individual was a director. The show-cause notice, designation order, sanction and complaint must rest on accurate corporate status. Where the Department accepts that the accused was never a director, vicarious liability cannot be sustained on that premise; the prosecution was quashed on its particular facts without precedential effect.
Wrongful treatment of an individual as a company's Principal Officer can undermine criminal prosecution for delayed deposit of tax deducted at source when the prosecution is founded on an incorrect assertion that the individual was a director. The show-cause notice, designation order, sanction and complaint must rest on accurate corporate status. Where the Department accepts that the accused was never a director, vicarious liability cannot be sustained on that premise; the prosecution was quashed on its particular facts without precedential effect.
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