TaxTMI 
TaxTMI 
2022 (6) TMI 927
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....the Companies Act, 2013. 2. Heard the learned counsel for the petitioner and learned Standing counsel for the respondent. 3. The case of the prosecution before the trial Court is that a complaint under Section 200 of Cr.P.C. filed against the petitioner for the violation of Sub Section (3) read with Sub Section (4) of Section 182 of the Companies Act alleging that the accused-company M/s. Indian Designs Exports Private Limited (hereinafter referred to as 'the company') was registered under the Companies Act, 1956 in the State of Karnataka on 26.09.1995 under the name "New Age Apparels Private Limited", subsequently the name of the company was changed to "Indian Designs Exports Private Limited" from 05.11.2009. The accused No. ....
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....ch disclosed the contribution to the Income Tax Authorities and claimed the exemption. Even otherwise, the petitioner gave explanation as to when the notice was issued to the respondent, in spite of it, a false complaint has been filed against the petitioner is nothing but abuse of process of law and hence, prayed for quashing the criminal proceedings. 5. In support of his contention, he has also relied upon the reportable judgment of the Co-ordinate Bench of this Court in the case of IBC Knowledge Park Pvt. Ltd. and others vs. Union of India and another in Crl.P. No. 6628/2019 dated 24.01.2020. 6. Per contra, the Standing counsel appearing for the respondent has seriously objected the petition by filing written statement of objection....
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....ave mentioned as miscellaneous expenditure which includes the donations. The expenditure was offered on the show cause notice issued by the respondent, therefore, it is contended that there is no offence committed for violation of Section 182 of the Companies Act. The learned counsel for the petitioner has produced the ITR for the assessment year 2017-2018 where at page No. 44, it has mentioned as contribution to the AAP and claimed 100% exemption which is also not in dispute, but the respondent has contended that it was not declared to the Registrar of the Companies. The respondent counsel also produced Annexure Ex. Rl regarding disclosure of general information about the company in the sub title statement of profit and loss where it has m....
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....or contributing to the political party i.e., AAP as per the minutes of the meeting dated 30.09.2016. A detailed explanation is given to the respondent regarding resolution, payment and declaration in the profit and loss account in the head of donations. Therefore, it is contended that there is no violation of Section 182(3) of Companies Act. Once the company has disclosed the political donations in the name of miscellaneous expenditure and declaring the same before the Income Tax authorities in the ITR and claimed the exemption and also properly explained in their reply to the show cause notice, it cannot be said that the petitioner-company has committed any violation under Section 182(3) of the Companies Act. In a reportable judgment of th....
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....82(3) of the Act. But on factual matrix, if it is taken into consideration, the said amount of Rs. 15,00,000/- has been paid to Aam Ada mi party through cheque that too, account payee for which, the declaration has also been made. 12. Taking into consideration of the object and spirit of law, it indicates that the main object of law is that such donations, which are going to be given in larger quantity, it will not affect the economy of the country and thereafter the amendment, which has been made also disclose the fact that the payment has to be made through cheque. In the light of letter and spirit, if it is taken into account, it is only an irregularity not an illegality. Even the amendment was given effect from 01.04.2017 there....