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    <title>1987 (4) TMI 395 - HIGH COURT OF CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=101482</link>
    <description>The court considered conflicting views on whether a private limited company could be prosecuted under section 276B of the Income-tax Act, 1961, which mandates imprisonment upon conviction. While the Act defines &quot;person&quot; to include a company, the court reasoned that imposing a sentence of imprisonment on a company would be impractical. It held that prosecuting a company under this provision was not intended by the legislature, as it would lead to unreasonable outcomes. The court emphasized that the principal officer could still be prosecuted for their own offences under section 276B. As the company was not impleaded through its principal officer, the court deemed the prosecutions against the petitioner as incompetent and quashed them.</description>
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    <pubDate>Wed, 08 Apr 1987 00:00:00 +0530</pubDate>
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      <title>1987 (4) TMI 395 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=101482</link>
      <description>The court considered conflicting views on whether a private limited company could be prosecuted under section 276B of the Income-tax Act, 1961, which mandates imprisonment upon conviction. While the Act defines &quot;person&quot; to include a company, the court reasoned that imposing a sentence of imprisonment on a company would be impractical. It held that prosecuting a company under this provision was not intended by the legislature, as it would lead to unreasonable outcomes. The court emphasized that the principal officer could still be prosecuted for their own offences under section 276B. As the company was not impleaded through its principal officer, the court deemed the prosecutions against the petitioner as incompetent and quashed them.</description>
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      <pubDate>Wed, 08 Apr 1987 00:00:00 +0530</pubDate>
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