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september 2003

Supreme Court of India · 2003-09-16

ASSISTANT COMMISSIONER vs VELLIAPPA TEXTILES

Citation / case number
SC 1994/72907
Court
Supreme Court of India
Petitioner
ASSISTANT COMMISSIONER
Respondent
VELLIAPPA TEXTILES
Author
SRIKRISHNA
Bench
B. N. SRIKRISHNA.

Judgment text excerpt

The Supreme Court addressed the prosecution of a limited company and its Managing Director under Sections 276C, 277, and 278 read with Section 278B of the Income Tax Act. The Court held that a juristic person, such as a company, cannot be punished with imprisonment under Sections 276C and 277, establishing that the prosecution against a company is not maintainable. The Court emphasized the strict construction of penal statutes and the principle that courts cannot fill legislative gaps, affirming the necessity of adhering to the clear language of the law.

ASSISTANT COMMISSIONER vs VELLIAPPA TEXTILES · Niyam