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    <title>2008 (3) TMI 300 - PATNA HIGH COURT</title>
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    <description>Directors cannot be prosecuted for alleged TDS default unless the complaint and supporting material specifically show that they were in charge of and responsible for the company&#039;s business at the relevant time, or that the default occurred with their consent, connivance or neglect. General attribution to the company and its directors is insufficient where the record indicates that compliance was handled by local officers and consultants and the directors were concerned mainly with policy matters. A prompt deposit after the default was noticed further weakened any inference of deliberate involvement. On these facts, the prosecution against the petitioners was quashed and the cognizance order could not stand.</description>
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    <pubDate>Sun, 30 Mar 2008 00:00:00 +0530</pubDate>
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      <title>2008 (3) TMI 300 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=32841</link>
      <description>Directors cannot be prosecuted for alleged TDS default unless the complaint and supporting material specifically show that they were in charge of and responsible for the company&#039;s business at the relevant time, or that the default occurred with their consent, connivance or neglect. General attribution to the company and its directors is insufficient where the record indicates that compliance was handled by local officers and consultants and the directors were concerned mainly with policy matters. A prompt deposit after the default was noticed further weakened any inference of deliberate involvement. On these facts, the prosecution against the petitioners was quashed and the cognizance order could not stand.</description>
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      <pubDate>Sun, 30 Mar 2008 00:00:00 +0530</pubDate>
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