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    <title>2010 (9) TMI 33 - BOMBAY HIGH COURT</title>
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    <description>Vicarious liability under Section 68 of the Foreign Exchange Regulation Act, 1973 attaches only where a person is specifically shown to have been in charge of and responsible for the company&#039;s business at the relevant time. Mere designation as a nominee or provisional director is insufficient. On the record, the proposed appointment as managing director had been deferred and there was no evidence that the appellant led day-to-day business; the statutory satisfaction required for liability was not recorded. The penalty was therefore unsustainable and was set aside.</description>
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      <title>2010 (9) TMI 33 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=78170</link>
      <description>Vicarious liability under Section 68 of the Foreign Exchange Regulation Act, 1973 attaches only where a person is specifically shown to have been in charge of and responsible for the company&#039;s business at the relevant time. Mere designation as a nominee or provisional director is insufficient. On the record, the proposed appointment as managing director had been deferred and there was no evidence that the appellant led day-to-day business; the statutory satisfaction required for liability was not recorded. The penalty was therefore unsustainable and was set aside.</description>
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      <pubDate>Thu, 16 Sep 2010 00:00:00 +0530</pubDate>
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