Income Tax

High Court refuses to quash prosecution u/s 276CC on the ground that non filing ITR was not wilful

High Court refuses to quash prosecution u/s 276CC for not filing return of income. Whether the failure was wilful or not to be considered by the trial court 

ABCAUS Case Law Citation:
ABCAUS 2428 (2018) 07 HC

The instant Petition was filed by the assessee against the prosecution u/s 276CC of the Income Tax Act, 1961 (the Act) filed by the Income Tax Department in the Court of Additional Chief Judicial Magistrate Court.

The prayer was made to quash the proceedings mainly on the ground that the failure to file income tax return was not willful.

The Hon’ble High Court observed that admittedly, the petitioner had failed to file Income Tax Return. A notice was issued to him under Section 148 of the Income Tax Act to submit his return. In spite of receipt of the notice, he did not file it. This was the circumstance in which the prosecution was lodged against him.

It was also observed that the only specific ground was that the failure was not wilful which was a fact to be considered by the trial court on the basis of the evidence adduced before it. The Hon’ble High Court opined that such disputed question of fact cannot be decided by this court in a proceedings under Section 482 Cr.P.C.

The Petition was dismissed.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Penalty u/s 271B is not attracted where books of account not maintained – ITAT Allahabad

Penalty u/s 271B is not attracted in a case where books of account have not been maintained In a recent…

9 hours ago
  • Empanelment

NALCO invites RFP for empanelment of CA Firms for verification of Stores/Spares & movable assets

NALCO invites RFP for empanelment of Chartered Accountant Firms for verification of Stores/Spares and movable assets.  NALCO has invited Request…

11 hours ago
  • RBI

Sending or bringing currency of Nepal and Bhutan – RBI revises regulations

Sending or bringing currency of Nepal and Bhutan - RBI revises exiting regulations  RBI has notified the Foreign Exchange Management…

12 hours ago
  • Excise/Custom

Manufacturing without aid of power. Entire process though by distinct units to be seen – SC

Entire manufacturing process though by distinct units relevant for exemption from excise duty on account of manufacture without aid of…

12 hours ago
  • Income Tax

Delay in filing Form 10B condoned as failure was in 1st year of operation of Trust

High Court condoned delay in filing Form 10B as the failure was in the 1st Year of operation of the…

15 hours ago
  • Income Tax

Penalty u/s 270A quashed for no satisfaction on what was under reporting & misreporting by assessee

Penalty u/s 270A quashed as there was no satisfaction in the penalty order on what exactly was under reporting of…

18 hours ago