- (1.) I have very carefully gone through the judgments of my learned Brethren Srikrishna, J. and Mathur, J.
(2.) On the first aspect that sanction given by the Commissioner of Income-tax is not vitiated on account of want of opportunity of hearing, I respectfully agree with my Brethren Srikrishna, J. and Mathur, J. On the remaining aspect of the case, two questions arise for consideration :- (i) Whether a company can be attributed with mens rea on the basis that those who work or are working for it have committed a crime and can be convicted in a criminal case (ii) Whether a company is liable for punishment of fine if the provision of law contemplates punishment by way of imprisonment only or a minimum period of punishment by imprisonment plus fine whether fine alone can be imposed
(3.) On the answer to first of these questions my Brethren Srikrishna, J. and Mathur, J. are agreed. However, with great respect to both of them, I wish to take a different view.;