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    Case of a fraudulent transaction

    Posted By : Abhishek Mishra / Published on : 03-Apr-2023 04:30 AM / View : 332 / Comment : 1

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    Dear All,

    If a transaction is done with the sole or primary intent of benefiting a related party, and such, related party has deliberately concealed the transaction, is it not a case of a fraudulent transaction?
    Read more on : transaction fraudulent case

    • Dear Abhishek,

      The necessary elements to establish a fraud are intent to deceive, to gain undue advantage from, or to injure the interests of, the company or its shareholders or its creditors or any other person. A fraud is deliberate, and is a conscious design to hide facts, provide wrong facts, etc. RPTs themselves are not fraudulent, but if there is a deliberate attempt to disguise what is clearly a
      related party transaction, and therefore, seek unscrupulous benefit and avoid independent scrutiny by the audit committee, it may be contended to be a fraudulent transaction.

      Hope it helps

      03-04-2023 / 04:33:54 AM
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