| COURT: | Sessions Court |
| CORAM: | M. S. Mungale ASJ |
| SECTION(S): | 276B, 276C |
| GENRE: | Domestic Tax, Other Laws |
| CATCH WORDS: | criminal proceedings, TDS default |
| COUNSEL: | Sujay Kantawala |
| DATE: | December 16, 2019 (Date of pronouncement) |
| DATE: | January 11, 2020 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 276-B Criminal Prosecution for TDS default: A Director, who is not in charge of and not responsible for day to day business of the Company, is not liable for criminal prosecution, unless specifically it is described in the complaint how he is involved in day to day conduct of the business of the Company (Shyam Sunder AIR 1984 SC 53 & Homi Phiroz Ranina 2003 Bom.C.R. (Cri.) 793 followed) | |
Unless the complaint disclosed a prima facie case against the applicants/accused of their liability and obligation as principal officers in the day today affairs of the company as directors of the company under section 278(b) the applicants cannot be prosecuted for the offences committed by the company. In the absence of any material in the complaint itself prima facie disclosing responsibility of the accused for the running of the day to day affairs of the company process could not have been issued against them. The applicants cannot be made to undergo the ordial of a trial unless it could be prima facie showed that they are legally liable for the failure of the company in paying the amount deducted to the credit of the company. Otherwise, it would be a travesty without their knowledge
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