Tag: income tax prosecution
High Court revives prosecution for not filing return. An indefinite period for compliance can never be the intention of the law ABCAUS Case Law Citation: ABCAUS 2553 (2018) (10) HC Important Case Laws Cited/relied upon by the parties: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) …
Prosecution u/s 277 if grave suspicion exists about involvement of the accused, it is expected to frame charge and put the accused on trial ABCAUS Case Law Citation: ABCAUS 2451 (2018) 08 AC The instant revision petition was directed against the order passed by Additional Chief Metropolitan Magistrate …
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 …
Prosecution under section 276B – Name appearing in Traces module would not make accountant a director or principal officer u/s 2 (35) of Income Tax Act. To invoke Section 276B mere fact that accused was working in accounts department would not mean that he automatically becomes person liable …
Prosecution against accountant u/s 276 B for delay in deposit of TDS quashed. The Court asked why instead of treating directors as principal officers the Income Tax Department was hell-bent in prosecuting its small-time employee. The Court warned the ITO that false deposition can make him face criminal …
Chartered Accountant held guilty u/s 278 for abating firm to evade tax by signing accounts without verifying the stock statement submitted to bank ABCAUS Case Law Citation: ABCAUS 2323 (2018) (05) AC Important Case Laws Cited/relied upon by the parties: Sudeep Jain vs M/s ECE Industries Ltd in …
Prosecution u/s 276C for late deposit of self assessment tax. Late deposit of tax after the expiry of stipulated period would not wipe out the offence The instant revision petition had been filed before the Additional Sessions Judge (ASJ) against the order passed by Chief Judicial Magistrate, (CJM/Trial …
Income Tax Prosecution for not disclosing foreign bank accounts. Special Judge rejects petition for Joint Trial in all complaints u/s 276C and 277 ABCAUS Case Law Citation: ABCAUS 2292 (2018) (04) AC In the instant case, the petitioner husband and wife (collectively called “accused”) had filed revision petitions …
No immunity from prosecution of offences undergoing trial before application to Income Tax Settlement Commission in view of the proviso to Section 245H(1) ABCAUS Case Law Citation: ABCAUS 2283 (2018) (04) TC The petitioners in the instant revision petitions had been facing trial before Additional Chief Metropolitan Magistrate …
Prosecution u/s 276B of directors as Principal Officer upheld as they failed to disclose who was managing the affairs of the company ABCAUS Case Law Citation: ABCAUS 2282 (2018) (04) TC The instant judgment was made in a revision petition filed by the defaulting company and its principal …