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Section 323 - Punishment for Offense by any Company, Firm or Association of Persons

(1) Where any offense under this Act is committed by a company, firm or association of individuals-

(a) the said company, firm or association shall only be fined; and

(b) every such person who was directly responsible for the management of the company or business related thereto, or for the management or exercise of power of the firm or association of individual, shall be punished with rigorous imprisonment for a term not exceeding 6 (six) years, but not less than 6 (six) months, with fine.

(2) Every company, firm or association of individual and every person referred to in clause (b) of sub-section (1) shall, subject to the provisions of this Act, be prosecuted and punished accordingly.

(3) A person referred to in clause (b) of sub-section (1) shall not be punished if he is able to prove that-

(a) the offense was committed without his knowledge, consent or implied consent;

(b) the offense was not committed by reason of his any such negligence; and

(c) he made every effort to prevent such offence.

Note: This is unofficial English translation. In the event of a conflict between the information on this website and the original Government publications or notifications of laws, rules, regulations, and SROs, the Government publications or notifications shall prevail. Moreover, as per Section 345(2) of the Income Tax Act 2023, if there is a conflict between the English and Bengali text, the Bengali text shall prevail.

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