https://www.taxtmi.com/caselaws?id=410854 A director who had resigned before the relevant default period could not be prosecuted for the company's alleged offence under Section 276B because the record showed she was no longer in office when liability arose. Vicarious liability under Section 278B also required specific pleadings that she was in charge of and responsible for the company's business at the relevant time, or that the offence occurred with her consent, connivance, or neglect. As the complaint alleged only that she was a director and contained no such foundational averments, the prosecution was not legally sustainable and was set aside. en-us Thu, 29 Apr 2021 00:00:00 +0530 Wed, 11 Aug 2021 12:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=410854 A director who had resigned before the relevant default period could not be prosecuted for the company's alleged offence under Section 276B because the record showed she was no longer in office when liability arose. Vicarious liability under Section 278B also required specific pleadings that she was in charge of and responsible for the company's business at the relevant time, or that the offence occurred with her consent, connivance, or neglect. As the complaint alleged only that she was a director and contained no such foundational averments, the prosecution was not legally sustainable and was set aside. Case-Laws Income Tax Thu, 29 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=410854