Is someone guilty of an offence if they did not set out to commit a crime but ended up in doing so?


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Sir, I request you to please solve my problem as given below- One Corporate is having Manufacturing unit and Trading unit also. That corporate prepared joint Balance sheet & Profit & Loss account. As given below - Corporate 1 2 Manufacturing Unit Trading Division Annual Profit by sale of product Annual profit by sale of Product Manufactured with the help of out sourced from open market for Fixed Assets ( Land,Building,Plant & Rs.150 Crs and sold for Rs.200Crs. Machineries of Rs.100 Crs. Net Profit – Rs. 5 Crs. Net Profit -Rs. 50 Crs. Total Income by clubbing both - Rs.55 Crs. But – that Corporate can avail depreciation Rs. 5 Crs only and rest amount of depreciation may be forwarded to next year. Because depreciation is meant for actual uses of Fixed assets. Otherwise Corporate used to increase the value of assets by over billing just to get benefit of depreciation from the income . Income from trading may be manipulated easily but not from manufacturing.

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In the Companies Act, 1956 there is no ward as ‘Wholly Owned Subsidiary’ (WOS), WOS means a company of which entire equity share capital is held by other Company. For example A company holds entire equity shares of B Company in this case B Company is WOS of A Company. Question: Now the Question is X company has paid up equity share capital of Rs.50000 (5000 shares each of Rs.10).Out of which Y company holds 4990 shares in its own name and remaining 10 shares Y Company holds in its name in 10 different folios (one share in each folio) along with 10 different individuals in the style first name is of Y limited and second (joint name) of individuals like A,B , C…… to J.In such case will X limited be deemed to be a WOS of Y Company ? If yes then how? After this question one more question will come up related to this question

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