indian penal code

Company or corporation cannot escape liability for criminal prosecution

Income Tax - The Supreme Court has stated that the criminal liability of a corporation would arise when an offence is committed in relation to the business of the corporation by a person or body of persons in control of its affairs. In such circumstances, it is necessary to ascertain the degree and control of the person or body of persons, such that t...

Mens Rea in Taxation Offences

Income Tax - “Mens Rea” literally means a guilty mind. It is a cardinal principle of English Common Law is that a persons cannot be convicted and punished in a proceeding of a criminal nature unless it can shown that he had a guilty mind. The principle is self explanatory. A person should be punished for deliberate defiance of law, rather than som...

What Was Behind Raju's Confession?

Income Tax - Did Satyam Computer Services’ promoter B Ramalinga Raju make a calculated move in owning up to a Rs 7,800 crore fraud to lessen the degree of punishment? With media reports speculating that Raju may have had benami accounts, land holdings and so on, senior government sources told Outlook Business that the suspicion from day one [&he...

CAs-Auditors & Accountants face the music Re Satyam-Telgraph

Income Tax - The Institute of Chartered Accountants of India (ICAI) will not spare the auditors of Satyam Computer Services if they are found to be guilty. It could even debar them from the profession. ICAI president Ved Jain said, “The disciplinary committee of the institute will lead the investigation and will ask for documents pertaining to Satya...

Suresh Kalmadi gets bail

Income Tax - Suresh Kalmadi on Thursday walked out of Tihar Jail after being lodged there for nearly nine months with the Delhi High Court granting bail to him in a 2010 Games-related graft case. 67-year-old Kalmadi, who was arrested on April 25 last year, left through Jail No.4 in the evening without talking to the media hours after the High Court gr...

CA Vijay Vaishnav and bouncers held after clash with lawyers in court

Income Tax - November, 26th 2011 The Gurgaon police have arrested a Mumbai-based Chartered Accountant (CA) and three bouncers for allegedly assaulting an advocate inside the court premises on Friday. Vijay Vaishnav had come to the court with the bouncers to attend a hearing, police said. A resident of Lokhandwala, he married a woman from Kendriya Viha...

SFIO may soon get nod initiate prosecution in Satyam case

Income Tax - The government is likely to soon give its nod to the Serious Fraud Investigation Office (SFIO) for initiating prosecution against the persons involved in the Rs 7,800 crore-accounting fraud at Satyam Computer Services. The ministry of corporate affairs is in consultation with the law ministry and will take a decision on filing cases in t...

Cases filed against 110 vanishing companies: MCA

Income Tax - Prosecutions have been filed in 110 cases for violations of various provisions of the Companies Act, 1956," the minister said in a written reply to a question on the issue of vanishing companies. A Coordination and Monitoring Committee (CMC), co-chaired by MCA Secretary and Securities and Exchange Board of India Chairman, is looking into ...

Forged signatures of members of ICAI by non-Chartered Accountants

Income Tax - The Institute has been receiving complaints from members of the Institute, proprietary concerns and firms of Chartered Accountants alleging that they have come across audit reports, balance sheets, certificates etc. of different entities submitted by the said entities/someone with Banks, Financial Institutions, Income-Tax Department, etc....

Conspiracy being issue of fact can be proved/ disproved only during trial: Delhi HC

ITO Vs Anil Tuteja & Ors. (Delhi High Court) - Delhi High Court in IAS Anil Tuteja alleged to be engaged in movement of unaccounted cash through different channels with regard to various sectors in the state of Chhattisgarh held that conspiracy is an issue of fact which can be proved or disproved only during trial....

Voluntary disclosure of LTCG under IDS Scheme: ITAT deletes Penalty

Sanchit Vinod Jain Vs National Faceless Assessment Centre (ITAT Mumbai) - ITAT Mumbai decides on the applicability of penalties under Section 271(1)(c) after disclosing concealed income under the IDS scheme....

HC Grants Bail to Corruption accused considering Lack of direct evidence

Jayalakshmi Jaitly Vs Central Bureau of Investigation  (Delhi High Court) - The issue under consideration is appellant seeks suspension of sentence awarded by Trial Court for 4 years for the offence punishable under Section 9 of Prevention of Corruption Act, 1988....

High Court Rejects Anticipatory Bail of GST Official in alleged Bribery Case

Gurvinder Singh Sohal Vs. Central Bureau of Investigation (Punjab High Court) - Gurvinder Singh Sohal Vs. Central Bureau of Investigation (Punjab High Court) The prayer in this petition is for grant of anticipatory bail to the petitioner regarding his alleged involvement in Bribery Case. In the present case, the petitioner and the other officials has raided the premises of the ...

Declared absconder entitled to anticipatory bail if section 82 CrPC not followed

Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court) - Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court) Procedure prescribed u/S 82 CrPC not followed before declaring an accused absconder. Such accused is not disentitled for availing benefit of anticipatory bail u/S 438 CrPC. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Th...

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Recent Posts in "indian penal code"

Conspiracy being issue of fact can be proved/ disproved only during trial: Delhi HC

ITO Vs Anil Tuteja & Ors. (Delhi High Court)

Delhi High Court in IAS Anil Tuteja alleged to be engaged in movement of unaccounted cash through different channels with regard to various sectors in the state of Chhattisgarh held that conspiracy is an issue of fact which can be proved or disproved only during trial....

Voluntary disclosure of LTCG under IDS Scheme: ITAT deletes Penalty

Sanchit Vinod Jain Vs National Faceless Assessment Centre (ITAT Mumbai)

ITAT Mumbai decides on the applicability of penalties under Section 271(1)(c) after disclosing concealed income under the IDS scheme....

HC Grants Bail to Corruption accused considering Lack of direct evidence

Jayalakshmi Jaitly Vs Central Bureau of Investigation  (Delhi High Court)

The issue under consideration is appellant seeks suspension of sentence awarded by Trial Court for 4 years for the offence punishable under Section 9 of Prevention of Corruption Act, 1988....

High Court Rejects Anticipatory Bail of GST Official in alleged Bribery Case

Gurvinder Singh Sohal Vs. Central Bureau of Investigation (Punjab High Court)

Gurvinder Singh Sohal Vs. Central Bureau of Investigation (Punjab High Court) The prayer in this petition is for grant of anticipatory bail to the petitioner regarding his alleged involvement in Bribery Case. In the present case, the petitioner and the other officials has raided the premises of the complainant and on that day, 03 other [&...

Declared absconder entitled to anticipatory bail if section 82 CrPC not followed

Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court)

Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court) Procedure prescribed u/S 82 CrPC not followed before declaring an accused absconder. Such accused is not disentitled for availing benefit of anticipatory bail u/S 438 CrPC. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. The applicant has preferred this applicati...

Proceedings under Bihar VAT & IPC are Independent to each other: HC

Vijay Shankar Prasad Vs. The State of Bihar (Patna High Court)

The Patna High Court, in a recent ruling, held that the prosecution in criminal law and proceedings arising under the Bihar Value Added Tax Act, 2005 are undoubtedly independent proceedings and, there is no impediment in law for the criminal proceedings to proceed even during the pendency of the proceedings under the Bihar Value Added Tax...

Suresh Kalmadi gets bail

Suresh Kalmadi on Thursday walked out of Tihar Jail after being lodged there for nearly nine months with the Delhi High Court granting bail to him in a 2010 Games-related graft case. 67-year-old Kalmadi, who was arrested on April 25 last year, left through Jail No.4 in the evening without talking to the media hours after the High Court gr...

Posted Under: Income Tax |

CA Vijay Vaishnav and bouncers held after clash with lawyers in court

November, 26th 2011 The Gurgaon police have arrested a Mumbai-based Chartered Accountant (CA) and three bouncers for allegedly assaulting an advocate inside the court premises on Friday. Vijay Vaishnav had come to the court with the bouncers to attend a hearing, police said. A resident of Lokhandwala, he married a woman from Kendriya Viha...

Posted Under: Income Tax |

Company or corporation cannot escape liability for criminal prosecution

The Supreme Court has stated that the criminal liability of a corporation would arise when an offence is committed in relation to the business of the corporation by a person or body of persons in control of its affairs. In such circumstances, it is necessary to ascertain the degree and control of the person or body of persons, such that t...

Posted Under: Income Tax |

Mens Rea in Taxation Offences

“Mens Rea” literally means a guilty mind. It is a cardinal principle of English Common Law is that a persons cannot be convicted and punished in a proceeding of a criminal nature unless it can shown that he had a guilty mind. The principle is self explanatory. A person should be punished for deliberate defiance of law, rather than som...

Posted Under: Income Tax |

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