M.V. Javali vs Mahajan Borewell & Co. & Ors.

Whether a company/firm can be prosecuted under Section 276B of the Income Tax Act 1961 when the provision mandates imprisonment, which cannot be imposed on a juristic person --- Held Yes, with fine as punishment instead of imprisonment. Whether prosecution of partners/officers is maintainable under Section 278B --- Held Yes, they can be prosecuted and punished with imprisonment and fine.

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