TMI BlogPROSECUTIONX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 imprisonment? I am asking this related to taxation laws but it is okay to get reference from any other laws or judgements under any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 against that person, will suffer imprisonment.Pl. go through the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 Excise Act, 1944 and Finance Act, 1994 - Revised Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idelines 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, The prosecution will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 querist may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also go through the concept of 'lifting the corporate veil' on google. - PROSECUTION - Query Started By: - Vel Murugan Dated:- 21-10-2021 Customs - Import - Export - Customs - SEZ - Got 3 Replies - Customs - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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