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    <title>1987 (4) TMI 62 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=25635</link>
    <description>The court held that prosecuting a private limited company under section 276B of the Income-tax Act, 1961, for an offence punishable with imprisonment and fine is incompetent as a company cannot be imprisoned. The judgment emphasized the need to interpret the law harmoniously and avoid absurd situations. It concluded that while a company cannot be prosecuted under section 276B, the principal officer may be prosecuted for the offence. The court also noted that if the company is not impleaded through its principal officer, the prosecution cannot proceed against the company. Consequently, the court quashed the proceedings against the petitioner, declaring them incompetent.</description>
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    <pubDate>Wed, 08 Apr 1987 00:00:00 +0530</pubDate>
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      <title>1987 (4) TMI 62 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=25635</link>
      <description>The court held that prosecuting a private limited company under section 276B of the Income-tax Act, 1961, for an offence punishable with imprisonment and fine is incompetent as a company cannot be imprisoned. The judgment emphasized the need to interpret the law harmoniously and avoid absurd situations. It concluded that while a company cannot be prosecuted under section 276B, the principal officer may be prosecuted for the offence. The court also noted that if the company is not impleaded through its principal officer, the prosecution cannot proceed against the company. Consequently, the court quashed the proceedings against the petitioner, declaring them incompetent.</description>
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      <pubDate>Wed, 08 Apr 1987 00:00:00 +0530</pubDate>
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