Tag: income tax prosecution
Prosecution u/s 276CC-Failure to file ITR was not willful due to seizure of documents required by assessee for examination before filing the return u/s 153A ABCAUS Case Law Citation:ABCAUS 3260 (2020) (02) HC Prosecution u/s 276CC-Failure to file ITR held not willful In the instant case, the Income …
CBDT designates CJM Court of UT of J&K as Special Courts for Trial of Offences under Income Tax Act MINISTRY OF FINANCE(Department Of Revenue)(CENTRAL BOARD OF DIRECT TAXES)(Investigation Division-V) Notification No. 09/2020 New Delhi, the 12th February, 2020 S.O. 664(E).—In exercise of the powers conferred by sub-section (1) …
Revision Petition against issue of non bailable warrant u/s 50 of Black Money Act dismissed as NBW do not decide or touch important rights or liabilities of parties. ABCAUS Case Law Citation:ABCAUS 3184 (2019) (10) AC Important case law relied upon by the parties:Inder Mohan Goswami and Ors Vs. State of Uttaranchal and Ors Revision Petition against …
Prosecution 276C for wilful attempt to evade tax stayed during pendency of appeal as its outcome would have bearing on the prosecution against the petitioners. ABCAUS Case Law Citation:ABCAUS 3181 (2019) (10) HC Important case law relied upon by the parties:K.C.Builders v. Assistant Commissioner of Income Tax : …
High Court refuses to quash prosecution proceedings u/s 276C, directs prayer for bail be considered and decided if applicant surrenders before Trial court ABCAUS Case Law Citation:ABCAUS 3170 (2019) (10) HC Important case law relied upon by the parties:Amrawati and another Vs. State of U.P. 2004 (57) ALR …
Prosecution filed without initiation of assessment proceedings upheld. Compounding or approaching Settlement Commission not a natural right – Sessions Court Faced with the presumption u/s 278E of Income Tax Act, it is for the accused to lead evidence before the Trial Court and to dispel the presumption by …
Prosecution u/s 276CC quashed as accused age was more than 70 years at the time of commission of offence as per CBDT Circular and as held by Supreme Court ABCAUS Case Law Citation:ABCAUS 3163 (2019) (10) ITAT Important case law relied upon by the parties:Arun Kumar Bhatia v. …
CBDT issues Guidelines for identification & processing of cases for prosecution under Income Tax Act. Constitution of Collegium of 2 CCIT/DGIT rank officers. CBDT Guidelines for prosecution of cases Circular No. 24 /2019 F.No.285/08/2014-IT(Inv. V)/349Government of IndiaMinistry of FinanceDepartment of Revenue(Central Board of Direct Taxes)******* Room No. 515, …
Prosecution u/s 276B set aside as intention of company was to deposit TDS, but due to bad financial condition the same was not deposited in time but later on ABCAUS Case Law Citation:ABCAUS 3143 (2019) (09) AC In the instant case, a criminal appeal had been filed by …
Prosecution u/s 276C- Signing, verification of ITR by director is prima-facie evidence. Charge to be framed even on the basis of strong suspicion ABCAUS Case Law Citation: ABCAUS 2885 (2019) (04) TC Important Case Laws Cited/relied upon by the parties Union of India vs Prafulla Kumar Samal and …