Tag: income tax prosecution
Income tax prosecution u/s 276B rws 278B – Trial Court directed to consider Immunity in terms of CBDT circular In a recent judgment, the Hon’ble Allahabad High Court in a case of income tax prosecution u/s 276B r.w.s. 278B for late deposit of TDS has given liberty to …
Prosecution u/s 276B for delay in deposit of TDS quashed by High Court in the light of CBDT circulars In a recent judgment, Hon’ble Bombay High Court has quashed prosecution u/s 276B for delay in deposit of TDS in the light of CBDT Circular/Instructions stating that when TDS …
Prosecution u/s 276C / 278B quashed as no concealment found by Settlement Commission In a recent judgment, the Sessions Court Chandigarh quashed the prosecution u/s 276C / 278B as the Settlement Commission decided not to impose any penalties as no act of concealment of records was found on …
Appeal against inadequacy of sentence passed by special court in income tax prosecution cases dismissed by High Court In a recent judgment, Hon’ble Karnataka High Court has dismissed the appeal filed by the Income Tax Department against inadequacy of sentence passed by special court in prosecution cases under …
Prosecution for late deposit of TDS stayed by High Court in view of judgment of the Hon’ble Supreme Court In a recent order, the High Court of Andhra Pradesh has stayed the prosecution for late/delayed deposit of TDS in view of judgment of the Hon’ble Supreme Court ABCAUS …
Prosecution u/s 276B rws 278AA quashed by High Court as delay in depositing TDS was due to maternity leave of the staff and subsequent conduct of the assessee In a recent judgment, Hon’ble High Court has quashed the prosecution u/s 276B / 278AA launched by the Income Tax …
No prosecution under Black Money Act where details of foreign assets disclosed in revised return / return of earlier year. ABCAUS Case Law Citation:ABCAUS 3823 (2023) (12) AC Important Case Laws relied upon by parties:Sonali Auto Private Ltd. Vs. State of Bihar & Ors: 2017 SCC Online Pat …
No prosecution u/s 275B when electronic gadgets and ERP user IDs and passwords was provided to search party – Sessions Court In a recent judgment, the Sessions court has set aside the summon order holding hat Vague or incongruous answers to questions do not attract section 275B except …
Criminal complaint against company, CA directors for tax evasion u/s 276C by way of bogus share valuation report dismissed ABCAUS Case Law Citation:ABCAUS 3754 (2023) (05) AC Important Case Laws relied upon:Solar Paper Mills Limited and Ors. vs. The State Prakash Nath Khanna & Ors vs. Commissioner of Income …
Prosecution u/s 276CC – Whether default is willful or not is a fact to be decided by trial court on the basis of evidence adduced – High Court ABCAUS Neutral Case Law Citation:ABCAUS 3685 (2023) (03) HC In the instant case, the assessee had filed a Petition before …