Section 140 — the law in short
What the courts have decided on section 140, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Vipul Aggarwal v ITO
High CourtHelps taxpayerValidity unconfirmed
The sanction for prosecution names the company as the assessee. Can the complaint proceed against me as its director?
No. The Delhi High Court quashed the complaint against the director because the sanction placed on record identified only the company; there was no sanction against him, whether as a person, as a director, or as someone responsible for the conduct of the company's business. Without that sanction the department cannot proceed against him for the s.276CC offence.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.