2015 (10) TMI 2311

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....ner : Sri Udaya Holla, Sr Adv for 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 (....

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....eing so, he has no role to play either in administration 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 c....

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....eevan J.Neeralagi, learned Counsel for the respondents 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 direct....

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....stablished position of law that there is no concept of vicarious 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 prosec....