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TMI BlogProcedure for identification and processing of cases for prosecution under Direct Tax LawsX X X X Extracts X X X X X X X X Extracts X X X X ..... re for identification and processing of cases for prosecution under Direct Tax Laws-reg. The Central Board of Direct Taxes has been issuing guidelines from time to time for streamlining the procedure of identifying and examining the cases for initiating prosecution for offences under Direct Tax Laws. With a view to achieve the objective behind enactment of Chapter XXII of the Income-tax Act, 1961 (the Act), and to remove any doubts on the intent to address serious cases effectively, this circular is issued. 2. Prosecution is a criminal proceeding. Therefore, based upon evidence gathered, offence and crime as defined in the relevant provision of the Act, the offence has to be proved beyond reasonable dou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order imposing penalty by the Income Tax Appellate Tribunal. iv. Offences u/s 276CC : Failure to furnish returns of income. Cases where the amount of tax, which would have been evaded if the failure had not been discovered, is ₹ 25 Lakhs or below, shall not be processed for prosecution except with the previous administrative approval of the Collegium of two CCIT/DGIT rank officers as mentioned in Para 3. 3. For the purposes of this Circular, the constitution of the Collegium of two CCIT/DGIT rank officers would mean the following- As per section 279(1) of the Act, the sanctioning authority for offences under Chapter XXII is the Principal Commissioner or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Contravention of order made under section 132(1) (Second Proviso) or 132(3) in case of search and seizure Sanctioning Authority with the previous administrative approval of the Collegium of two CCIT/DGIT rank officers 275B Failure to afford necessary facility to authorized officer to inspect books of account or other documents as required under section 132(1)(iib) Sanctioning Authority with the previous administrative approval of the Collegium of two CCIT/DGIT rank officers 276 Removal, concealment, transfer or delivery of property to thwart tax recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) where non-payment of TCS exceeds ₹ 25 lakhs Sanctioning Authority (b) in other case Sanctioning Authority with the previous administrative approval of the Collegium of two CCIT/DGIT rank officers 276C(1) Wilful attempt to evade tax, penalty or interest or under-reporting of income - (a) where tax which would have been evaded exceeds ₹ 25 lakh Sanctioning Authority (b) in other case Sanctioning Authority with the previous administr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icers 276D Wilful failure to produce accounts and documents under section 142(1) or to comply with a notice under section 142(2A) Sanctioning Authority with the previous administrative approval of the Collegium of two CCIT/DGIT rank officers 277 False statement in verification or delivery of false account or statement etc - (a) where tax which would have been evaded exceeds ₹ 25 lakhs Sanctioning Authority (b) in other case Sanctioning Authority with the previou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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