2015 (10) TMI 2311

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....Sri Aditya V Bhat & Sri Shravanth Arya Tandra, Adv For the Respondent : Sri Jeevan J Neeralagi, Adv ORDER The petitioner herein is arraigned as accused No.5 in the complaint filed under Section 200 of Cr.P.C. by the first respondent / Income Tax Department in respect of the offences punishable under Section 276B r/w. Section 278B of Income Tax Act, 1961 (hereinafter referred to as (the Act'). ....

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....ministration or management control of M/s.Reid & Taylor (India) Limited. The complainant in his complaint has alleged that accused Nos.2 to 4 are the Managing Directors who have been treated as Principal Officers of the Company and Executive Directors respectively and they have failed to remit TDS in respect of various payments made by the Company. The complaint nowhere utters that the petitioner ....

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....ndents emphasizing on Section 278B(2), which reads thus: "Section 278B(2) : Notwithstanding anything contained in sub-section 91), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company,....

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....ious liability under criminal jurisprudence, unless the statute specifically prescribed for the same. Though Section 278B of the Act contemplates such vicarious liability, the basic requirement is, there must be specific allegation to that effect in the complaint which is lacking in the present case. In that view of the matter, the prosecution against this petitioner is vitiated and initiation of ....