PROSECUTION

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....ROSECUTION<br> Query (Issue) Started By: - Vel Murugan Dated:- 21-10-2021 Last Reply Date:- 27-10-2021 Customs - Exim - SEZ<br>Got 3 Replies<br>Customs<br>Dear Experts, Please make me understand that whether prosecution can be launched against the legal persons i.e. COMPANY / PARTNERSHIP etc. (not in the name of directors/partners)? If yes, in case of conviction by the court, who will serve the....

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.... imprisonment? I am asking this related to taxation laws but it is okay to get reference from any other laws or judgements under any other laws. Thanks in Advance Reply By KASTURI SETHI: The Reply: Sh.Vel Murugan Ji, Answer is yes. In case of conviction, Director/M.D./Partner etc. who is instrumental in evasion of duty/tax and the department has documentary evidence of mala fide intention aga....

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....inst that person, will suffer imprisonment.Pl. go through the following circulars word for word :-:(Also peruse those circulars mentioned in the circulars otherwise concept will not be clear.) Arrest in relation to offences punishable under the Finance Act, 1994 & Central Excise Act, 1944 - Guidelines Circular No. 201/11/2016-S.T., dated 30-9-2016 Launching of Prosecution under the Central Exci....

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....se Act, 1944 and Finance Act, 1994 - Revised Guidelines Circular No. 1009/16/2015-CX., dated 23-10-2015 Prosecution under the Central Excises & Salt Act, 1944 - Guidelines <$FFor subsequent modifications/developments, see Circular Nos. 30/30/94-CX.6, dated 4-4-1994, and 35/35/94-CX.6, dated 29-4-1994>Circular No. 15/90-CX.6, dated 9-8-1990 Reply By ABHISHEK TRIPATHI: The Reply: Dear Vel Ji, ....

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....The prosecution will be against the top management or the person involved. For instance, just refer to S. 132(1) of the CGST Act. It says, "Whoever commits, or causes to commit and retain the benefits arising out of, any of the following offences". That 'whoever' cannot be a juridical person and has to be a human being (individual or collective). Reply By KASTURI SETHI: The Reply: Yes, Sir. The ....

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....querist may also go through the concept of &#39;lifting the corporate veil&#39; on google.<br> Discussion Forum - Knowledge Sharing ....