The HC set aside the impugned penalty order against the ...

Corporate Executive Cleared of Personal Liability for Company's Export Violations by High Court.

December 31, 2024

Case Laws Customs HC

The HC set aside the impugned penalty order against the petitioner, an Executive Director in a public limited company, finding no merit in the respondents' contentions. The orders failed to establish the petitioner's personal liability for the company's defaults under the FTDR Act regarding non-fulfilment of export obligations. The HC held that the show-cause notice and OIO did not provide reasoning for fastening liability on the petitioner, violating principles of natural justice. The petitioner's involvement was limited to signing a power-of-attorney on behalf of the company pursuant to a board resolution.

View Source

← Previous Next →

The HC set aside the impugned penalty order against the ...

Corporate Executive Cleared of Personal Liability for Company's Export Violations by High Court.

December 31, 2024

Case Laws Customs HC

You may also like:

Dishonour of cheque - vicarious liability - liability of group companies - liability common Directors of the group, namely, Right Choice Group of Companies - Lifting of...

Dishonor of Cheque - vicarious liability - rebuttal of presumption - non-Executive Independent Directors - What the High Court overlooked was, the contention of these...

CIRP - personal Guarantor to Corporate Debtor - Australian National - lack of any Agreement of Guarantee - invalidity of any such Guarantee, even if issued - the...

Recovery of electricity dues of the Company - personal liability of the Directors of the Defaulter Company/Corporate debtor which went into insolvency - it is clear that...

Lifting of corporate veil - The doctrine of the lifting the corporate veil is not available in every case of a liability alleged against a company. To so hold would lead...

Services provided to 'Body Corporate' - Liability of discharge fully service tax liability on works contract or only 50% of tax - The Revenue has proceeded on an...

Initiation of CIRP - It is clear that Respondent ‘Eastern Embroidery Collections Private Limited’ was the Corporate Guarantor of the Principal Borrower ‘Eastern...

CIRP - Renewal of Bank Guarantee for customs duty exemption - When there is no guarantee with respect to the MPP status of the Non-Operational Units and since there are...

Dishonor of Cheque - framing of charges against the Directors - vicarious liability - only directors of company is made the accused, leaving the company - commission of...

Refund of CENVAT Credit - export goods or not - goods were cleared by the appellant, not for physical exports, but were cleared by them to their sister concern, who is...

EXEMPTIONS TO PRIVATE COMPANIES UNDER COMPANIES ACT 2013 – IMPACT ANALYSIS - Corporate Laws / Banking / SEBI / LLP

The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the validity of the Corporate Insolvency Resolution Process (CIRP) against a...

Recovery of tax dues of the company from personal assets of the Director - Application of the doctrine of lifting the corporate veil - vicarious liability of petitioner...

The case pertains to the validity of an assessment order against a company that had already undergone amalgamation. The key points are: The assessment order was passed...

Non-executive director's vicarious liability in a company u/s 138 of the Negotiable Instruments Act examined. For making a non-executive director liable, there must be...

Quick Updates: