https://www.taxtmi.com/caselaws?id=22404 A firm or company is not immune from criminal prosecution merely because the penal provision prescribes mandatory imprisonment and fine; where imprisonment cannot be imposed on a juristic entity, the offence may still be prosecuted and punishment may be confined to fine. Penal provisions inserted later, including section 276C(1) and section 278B, cannot be applied retrospectively to earlier assessment years, but a charge under section 277 may continue where the complaint specifically alleges false verification by the managing partner. Criminal liability of a partner requires specific averments that the person was in charge of, and responsible for, the conduct of the business; absent such pleadings, proceedings against that partner, and connected offences, cannot be sustained. en-us Fri, 05 Oct 1990 00:00:00 +0530 Wed, 09 Dec 2009 17:39:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22404 A firm or company is not immune from criminal prosecution merely because the penal provision prescribes mandatory imprisonment and fine; where imprisonment cannot be imposed on a juristic entity, the offence may still be prosecuted and punishment may be confined to fine. Penal provisions inserted later, including section 276C(1) and section 278B, cannot be applied retrospectively to earlier assessment years, but a charge under section 277 may continue where the complaint specifically alleges false verification by the managing partner. Criminal liability of a partner requires specific averments that the person was in charge of, and responsible for, the conduct of the business; absent such pleadings, proceedings against that partner, and connected offences, cannot be sustained. Case-Laws Income Tax Fri, 05 Oct 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22404