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| The Tax Publishers2020 TaxPub(DT) 0674 (Guj-HC) : (2020) 424 ITR 0405 : (2020) 271 TAXMAN 0135 INCOME TAX ACT, 1961
Article, 226
As decided in Supernova System (P.) Ltd. ((2018) 99 taxmann.com 300 (Guj) : 2018 TaxPub(DT) 6464 (Guj-HC)), the compounding of offence under section 276C(1) would be permissible on payment of 100% of tax sought to be evaded and not 100% of the amount sought to be evaded by assessee. Thus, assessee was required to pay 100% of tax sought to be evaded for compounding of offence under section 276C(1) and accordingly petition was allowed.
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Writ - Prosecution - Compounding of offence under section 276C(1) - Compounding of offence
The short question raised for determination of the Court as to whether 100% of amount sought to be evaded or 100% of tax sought to be evaded was to be paid for compounding of offence under section 276C(1) when offence pertained to willful attempt to evade tax, etc. Held: As decided in Supernova System (P.) Ltd. ((2018) 99 taxmann.com 300 (Guj) : 2018 TaxPub(DT) 6464 (Guj-HC)) the compounding of offence under section 276C(1) would be permissible on payment of 100% of the tax sought to be evaded, and not 100% of the amount sought to be evaded by assessee petition was succeeded and accordingly allowed. Assessee was, therefore required to pay 100% of the tax sought to be evaded for compounding of offence under section 276C(1).
REFERRED : Supernova System Pvt. Ltd. v. Chief CIT (2018) 99 taxmann.com 300 (Guj) : 2018 TaxPub(DT) 6464 (Guj-HC)
FAVOUR : In assessee's favour
A.Y. :
IN THE GUJARAT HIGH COURT
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