What is Penalty for frauds by officers? What is Liability where proper accounts not kept? Section 337 and 338 of Indian Companies Act 2013
Penalty for frauds by officers and Liability where proper accounts not kept are defined under Section 337 and 338 of Indian Companies Act 2013. Provisions under these Sections are:
Section 337 of Indian Companies Act 2013 "Penalty for frauds by officers"
If any person, being at the time of the commission of the alleged offence an officer of a company which is subsequently ordered to be wound up by the Tribunal or which subsequently passes a resolution for voluntary winding up, -
(a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company;
(b) with intent to defraud creditors of the company or any other person, has made or caused to be made any gift or transfer of, or charge on, or has caused or connived at the levying of any execution against, the property of the company; or
(c) with intent to defraud creditors of the company, has concealed or removed any part of the property of the company since the date of any unsatisfied judgment or order for payment of money obtained against the company or within two months before that date,
he shall be punishable with imprisonment for a term which
shall not be less than one year but which may extend to
three years and with fine which shall not be less than one
lakh rupees but which may extend to three lakh rupees.
Section 338 of Indian Companies Act 2013 "Liability where proper accounts not kept"
(1) Where a company is being wound up, if it is shown
that proper books of account were not kept by the company
throughout the period of two years immediately preceding the
commencement of the winding up, or the period between the
incorporation of the company and the commencement of the
winding up, whichever is shorter, every officer of the
company who is in default shall, unless he shows that he
acted honestly and that in the circumstances in which the
business of the company was carried on, the default was
excusable, be punishable with imprisonment for a term which
shall not be less than one year but which
(2) For the purposes of sub-section (1), it shall be deemed that proper books of account have not been kept in the case of any company, -
(a) if such books of account as are necessary to exhibit and explain the transactions and financial position of the business of the company, including books containing entries made from day-to-day in sufficient detail of all cash received and all cash paid, have not been kept; and
(b) where the business of the company has involved dealings in goods, statements of the annual stock takings and, except in the case of goods sold by way of ordinary retail trade, of all goods sold and purchased, showing the goods and the buyers and the sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identified, have not been kept.
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