Issue No. 203 / April 22^nd, 2020    

Dear Professionals, 

“Taxsutra Database”, a true Income-tax Research is an archive of over 106680+ Income Tax Rulings reported across ITR, CTR, Taxman, DTR, ITD, TTJ, and ITR(Trib) and which also includes recent ‘unreported handpicked ruling of SC, HC & ITAT’. A completely integrated service with all the latest cases powered by an advanced search engine to provide a seamless user experience; Search results supported by active filters around Court Level, Location, Case Numbers and Citation; A Unique Bulls Eye application to further enhance search by including "Exact words", "Any of these", "none of these" 

We are glad to present to you the 203^rd Special edition of ‘Taxsutra Database’, where we have complied recent unreported rulings on “Tax offence and prosecution initiation u/s 276C” 

****************

Recent handpicked rulings on “Tax offence and prosecution initiation u/s 276C”

1) HC: If additional evidence/documents is necessary, Sec. 391 of Cr.PC empowers the Appellate Court to record its reasons and take evidence itself - HC allows assessee’s Criminal Revision Petition, sets aside trial court conviction order u/s 276C(2); Notes that the Assessee has been charged for having wilfully failed to pay the penalty and having deliberately failed to admit the capital gains.............. Click here for read details and download HC order copy

2) HC: No prosecution initiation u/s 276C absent willful intent to evade payment of tax – HC quashes prosecution initiation u/s 276C , holds that as per the provision u/s 276 there must be wilful attempt to evade payment of tax, the person should have made false entries in the book of accounts and omitting any entry in the statement of accounts; HC notes that assessee-petitioner voluntarily disclosed the undisclosed income during an inspection conducted u/s 132.................. Click here for read details and download HC order copy

3) HC: Failure to pay self-assessment tax along with returns, no 'offence' for purpose of prosecution u/s 276C - HC quashes prosecution initiated against the assessee-petitioner u/s. 276C for alleged non-payment of self-assessment tax along with the income tax return................Click here for read details and download HC order copy

4) HC: Prosecution proceedings can be initiated for failure to deposit TDS – HC dismisses assessee’s petitions challenging Commissioner’s sanction to prosecute invoking his power u/s 279 of Income Tax Act; Holds that action of initiating criminal prosecution against the assessee ............. Click here for read details and download HC order copy

5) HC: Compounding fees to be computed at 100% of ‘tax’, and not ‘income’ sought to be evaded – HC allows the assessee’s appeal, holds that compounding fees have to be computed on payment of 100% of ‘tax’ sought to be evaded and not 100% of the amount ................. Click here for read details and download HC order copy

6) HC: Absence of an opportunity to be heard will not make the order of sanction u/s 279(1) void or illegal – HC dismisses assessee’s writ challenging show-cause notice for prosecution proceedings u/s 276C(1), holds that grant of sanction is an administrative function and if at all the Officer.............. Click here for read details and download HC order copy

7) HC: Dismisses discharge plea in alleged tax-evasion case; Rejects challenge to prosecution sanction- HC dismisses assessee-petitioner’s petition against Trial Court's refusal to discharge from offences punishable u/s.276C and 277 of the Income Tax Act [prosecution for wilful tax evasion]; Rejects assessee's challenge on the validity of the sanction u/s. 279 granted by ............... Click here for read details and download HC order copy

8) HC: Stays criminal proceedings until appeal disposal; Assessment has bearing on prosecution u/s. 276C - HC stays prosecution proceedings u/s. u/s. 276C [for wilful attempt to evade tax] of the Income-Tax Act  against petitioners (company & its Managing Director) till the disposal of appeal before the.............. Click here for read details and download HC order copy

9) HC: Distinguishes between tax-recovery notice under Rule 73 & offence u/s 276C; Dismisses 'anticipatory bail' plea - HC dismisses assessee-individual’s petition u/s. 438 of Criminal Procedure Code (CrPC) seeking protection from arrest, as assessee not an ‘offender’ but a ‘defaulter’ as per the ................ Click here for read details and download HC order copy 

Click Here to Sign up, make payment and join the Taxsutra Family. 

**************

Expert Column 

Revisiting Transfer Pricing Policy during economic disruption

 ************* 

Wall of Tax News 

CBDT issue Clarification on short deduction of TDS/TCS due to increase in rates of surcharge by Finance (No.2) Act. 2019

 CBDT issues TDS clarifications on new concessional tax regime for individuals’ u/s.115BAC

 CBDT - Employees entitled to claim Sec. 80G deduction for donations to PM CARES FUND based on Form 16

 CBDT issues important clarifications with regard to certificates for Nil / Lower TDS deduction

*******************************

Lot's more at Taxsutra Database 

Access all “Taxsutra Database Newsletters”, in case you have missed any! 

Access latest News....and more!