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    <title>1991 (11) TMI 264 - MADRAS HIGH COURT</title>
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    <description>Vicarious prosecution for tax deduction offences requires proof that the accused was, at the time of the offence, in charge of and responsible for the firm&#039;s business. Where the department relies on principal-officer liability, a valid notice treating the person as principal officer is necessary. On the facts, the accused was shown only to be an employee, and the materials did not establish responsibility for remitting the deducted tax. The prosecution under sections 276-B and 278-B was therefore not maintainable, and the proceedings were quashed.</description>
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    <pubDate>Fri, 08 Nov 1991 00:00:00 +0530</pubDate>
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      <title>1991 (11) TMI 264 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200164</link>
      <description>Vicarious prosecution for tax deduction offences requires proof that the accused was, at the time of the offence, in charge of and responsible for the firm&#039;s business. Where the department relies on principal-officer liability, a valid notice treating the person as principal officer is necessary. On the facts, the accused was shown only to be an employee, and the materials did not establish responsibility for remitting the deducted tax. The prosecution under sections 276-B and 278-B was therefore not maintainable, and the proceedings were quashed.</description>
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      <pubDate>Fri, 08 Nov 1991 00:00:00 +0530</pubDate>
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