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The Tax PublishersCrl. O.P. (MD) No. 13383 of 2019 & Crl. M.P. (MD) Nos. 8303 and 8304 of 2019
2020 TaxPub(DT) 4723 (Mad-HC) : (2020) 428 ITR 0206INCOME TAX ACT, 1961
Section 276C(2)
It was admitted in the counter-affidavit itself that the assessee had cleared the dues and as on date no tax dues were payable in respect of previous financial years. Inasmuch as the tax has been subsequently paid, continuance of the impugned prosecution under section 276C(2) would only amount to an abuse of legal process.
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Prosecution - Offences under section 276C(2) - Tax dues subsequently paid -
Assessee had filed their income-tax return in time admitting their liability. But, then the tax was not remitted in time. There was delay. The question that arose for consideration was whether this would amount to a willful evasion attracting the penal provisions and offence under section 276C(2). Held: It was admitted in the counter affidavit itself that the assessee had cleared the dues and as on date, no tax dues were payable in respect of previous financial years. Inasmuch as the tax has been subsequently paid, continuance of the impugned prosecution would only amount to an abuse of legal process. Following the judgment in M/s. Vyalikaval House Building Co-operative Society Ltd. 2019 TaxPub(DT) 5379 (Karn-HC) the impugned proceedings were quashed.
Followed:Vyalikaval House Building Co-operative Society Ltd. 2019 TaxPub(DT) 5379 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13 to 2015-16
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