section 90
(I) Where an offence under this Regulaliw or the rules has been committed by a
The Daman and Diu Value Added Tax Regulation 2005Chapter X AUDIT, INVESTIOATION AND ENFORCmENT
Offaces by
company, every person who, at the time the offence was committed, was in charge of, and
Hindu was responsible to the company for the conduct of the biacscl ofthecompany, m weJ1 as undivldcd the company shall be deemed to be guilty of the offenre and shall be Liable to be proceeded family, &. against and punished accordingly: I Provided that nothiecontained in #issubsection Jhall render any suchoerson liable to anypunishment providG in this Regulation ifhe proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
- (2) Notwithtanding anythiig contained in sub-section (I), where an offence under this Regulation has been committed by a company and it is proved that theoffence has been committed with the consent or connivance of, or is attn'butable to any neglect on the part of any director, manager, secretary or other ofFM of the company, such director, manager, secretary or other officer shall also be deemed to beguiflyofht offence and shall be liable to be proceeded against and punished ammiin&. Explanation.- For the purposes of this don- (a)"compaay" meansa body corporate, and includes a fm or other association of individuals; and
- (b) "director" in relation to a firm mrns a inthefirm.
- (3) Where an offence underlhis Regulationhas beencommitted by a Hindu undivided fiunily.lhe Ksrta thereof shall be deemed to be ail& of the offence and shall be liable to be -. prockkaed against and punished acci?rd'igly: Provided that nothing contained in this subsmion shall render theKarta liable to any punishmekt if he proves that the offence wils commitkd without his knowledge or that he had exercised all due diligence to prevent the commissm of such offence: . Provided fiuiher that where an offence under tkls Regulation has been committed by a Hindu undivided family and it is proved that the offa hm been committed with the consent or comivance of or is attributable to any neglect on the part of any adult member of the Hiidu undivided family, such member shall also be deemed to be guilty ofthat offence and shall be liable to be proceeded against and punished accordiigly.
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