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    <title>1990 (8) TMI 81 - MADRAS High Court</title>
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    <description>Criminal liability for failure to deduct and remit tax at source cannot be fastened on partners of a firm on the basis of a bare assertion that they were in charge of and responsible for the business. The complaint must contain specific foundational averments showing each accused&#039;s role, including facts indicating how a partner was treated as the principal officer or otherwise personally liable. Absent such particulars, vicarious prosecution is not sustainable on the pleadings as framed, and the prosecution is liable to be quashed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=22904</link>
      <description>Criminal liability for failure to deduct and remit tax at source cannot be fastened on partners of a firm on the basis of a bare assertion that they were in charge of and responsible for the business. The complaint must contain specific foundational averments showing each accused&#039;s role, including facts indicating how a partner was treated as the principal officer or otherwise personally liable. Absent such particulars, vicarious prosecution is not sustainable on the pleadings as framed, and the prosecution is liable to be quashed.</description>
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      <pubDate>Mon, 27 Aug 1990 00:00:00 +0530</pubDate>
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