Tag: Prosecution u/s 276C

Prosecution u/s 276C(2) quashed as the assessee had though not paid due income tax along with return but later deposited it within a short period. In a recent judgment, Hon’ble Bombay High Court has quashed prosecution initiated u/s 276C(2) of the Income Tax Act, 1961 (the Act) as …

Supreme Court punished Income Tax Officials with fine for launching prosecution u/s 276C without any order of the ITAT imposing penalty exceeding Rs. 50,000/- In a recent judgment, Hon’ble Supreme Court punished Income Tax Officials with fine for launching prosecution u/s 276C against the assessee for alleged wilful …

No burden of proof on assessee to rebut the alleged Swiss Bank Account for mere presence of name in document obtained from a foreign govt. under DTAA. In a recent judgment, Delhi High Court held that mere presence of name in unauthenticated document obtained indirectly through a Foreign …

Incorrect claim or erroneous claim not willful evasion, in certain circumstances can be erroneous interpretation of law.  In a recent judgment/order Hon’ble Supreme Court dismissed the SLP of the Revenue against the order of Karnataka High Court quashing proceedings u/s 276C of the Income Tax Act, 1961 holding …

High Court directs return of passports to directors accused of tax evasion u/s 276C, 277 of income Tax Act 1961 In a recent judgment, the Hon’ble High Court of Madras has directed return of passports to directors of company accused of offences u/s 276C for willful attempt to …

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 …

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 276C and 278B upheld for not declaring income surrendered during search in return filed in response to notice u/s 153A In a recent judgment the Sessions Court has upheld the prosecution under section 276C and 278B of the Income Tax Act, 1961 (the Act)  for not …

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 …

Income Tax Prosecution- Accused has no right to inspect judicial file till he is summoned by the Trial Court ABCAUS Case Law Citation:ABCAUS 3668 (2023) (02) AC Important Case Laws relied upon by parties:National Bank of Oman vs Barakara Abdul Aziz & Anr. (2013) 2 SCC 488Udai Shankar …