Tag: income tax prosecution
Income Tax Prosecution u/s 276CC discharge of accused denied by Trial Court since plea of accused u/s 251 CrPC had been recorded and recording of evidence already commenced ABCAUS Case Law Citation: ABCAUS 2652 (2018) (11) AC Important Case Laws Cited/relied upon: Subramanium Sethuraman V. State of Maharashtra: …
Directors equally responsible for furnishing of return of company as is the managing director. High Court declines to interfere prosecution u/s 276CC ABCAUS Case Law Citation: ABCAUS 2618 (2018) (11) HC Important Case Laws Cited/relied upon: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) 5 SCC 139 …
Release of convicts prosecuted under Income Tax Act on probation- Special Judge dismiss Revenue’s appeal delay condonation application for casual approach ABCAUS Case Law Citation: ABCAUS 2574 (2018) (10) AC Important Case Laws Cited/relied upon by the parties: Mohd. Hasim Vs State of UP State of Nagaland Vs.Lipok …
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 …
