Tag: Prosecution u/s 276C
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 …
Application u/s 202/203 CrPC – Accused cannot ask Trial Court to decide contentions raised by him at pre-summoning stage ABCAUS Case Law Citation:ABCAUS 3661 (2023) (02) AC Important Case Laws covered:Nupur Talwar v. CBI & Anr.State of Bihar and Another vs. P.P. Sharma and Another, 1992Manharibhai Muljibhai Kakadia …
Prosecution u/s 276C(1) / 277 based on information / photocopies received under DTAA for third country non sustainable In the instant case, the Income Tax Department (Revisionist) had filed a revision petition against the impugned order passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) discharging the …
Prosecution u/s 276C(2) quashed as accused filed revised return which was assessed refund was granted by the Department ABCAUS Case Law CitationABCAUS 3443 (2021) (01) AC In the instant case, the Assistant Commissioner of Income Tax, (ACIT/AO) had filed a complaint against the accused assessee for the offence …
