Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Interpretation of Section 141 of the Negotiable Instruments Act, which deals with vicarious liability for offenses committed by companies u/s 138 (dishonor of cheques). The key points are: Section 141 is a penal provision that must be strictly construed. Liability under this section depends on the role played by the person in the company's affairs, not merely their designation. To attract liability, the person must have been in charge of and responsible for the company's conduct at the time of the offense's commission. Merely being a director or having some association with the company is insufficient. The complaint must specify the accused's role and how they were responsible for the company's conduct. In this case, the petitioner had resigned as director before the relevant events (issuance, dishonor, and notice of dishonor of cheque) occurred. Therefore, the petitioner cannot be held vicariously liable u/s 141 as they were not in charge or responsible for the company's conduct during the commission of the offense.
Interpretation of Section 141 of the Negotiable Instruments Act, which deals with vicarious liability for offenses committed by companies u/s 138 (dishonor of cheques). The key points are: Section 141 is a penal provision that must be strictly construed. Liability under this section depends on the role played by the person in the company's affairs, not merely their designation. To attract liability, the person must have been in charge of and responsible for the company's conduct at the time of the offense's commission. Merely being a director or having some association with the company is insufficient. The complaint must specify the accused's role and how they were responsible for the company's conduct. In this case, the petitioner had resigned as director before the relevant events (issuance, dishonor, and notice of dishonor of cheque) occurred. Therefore, the petitioner cannot be held vicariously liable u/s 141 as they were not in charge or responsible for the company's conduct during the commission of the offense.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
