Tag: Prosecution u/s 276C
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 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 …
Order of ITAT not binding on Trial Court in income tax prosecution case. Appeal to stay prosecution during pendency of appeal before ITAT dismissed ABCAUS Case Law Citation: ABCAUS 2828 (2019) (03) AC Important Case Laws Cited/relied upon by the parties Commissioner of Income Tax vs. Bhupen Champak …
Prosecution 276C(2) – Evasion of tax vs evasion of payment of tax. High Court quashed prosecution when ITAT reduced income and there was no indifference on the part of assessee to pay demanded tax ABCAUS Case Law Citation:ABCAUS 2677 (2018) (12) HC Important Case Laws Cited/relied upon:Commissioner of …