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TMI Blog2020 (3) TMI 1028X X X X Extracts X X X X X X X X Extracts X X X X ..... s delay in payment of income tax and the petitioner filed return of income on 31.01.2014. Thereafter, it was returned on 31.03.2015 directing the petitioner to pay a sum of ₹ 4,30,20,260/-. Thereafter, the petitioner paid tax as demanded by the respondent on 18.03.2018, for which the respondent also issued a letter on 24.03.2018 acknowledging the receipt of tax. Referring to provision to punish the accused, there must be wilful attempt to evade payment of tax, he must be in possession of the book with false entries, the person should have made false entries in the book of accounts and omitting any entry in the statement of accounts. The petitioner voluntarily disclosed the undisclosed income to the respondent on the inspection cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 276 (c ) (2) of the Income Tax Act, 1961 alleging that the petitioner is an assessee on the file of the Deputy Commissioner of Income Tax, Central Circle, Chennai. A search has been conducted under Section 132 of Income Tax Act on 18.12.2012 and during the search, the petitioner disclosed undisclosed income of ₹ 10,00,00,000/- for the assessment year 2013-2014. Further, it was noticed that the accused did not file his return of income for the assessment year 2013-2014 as required under Section 139 (1) of the Income Act. He ought to have filed return of income on or before 05.08.2013. But he belatedly filed his return of income for the assessment year 2013-2014 only on 31.01.2014 admitting his entire income of ₹ 10,62,90,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to extract the provision under Section 276 (c ) (2) of the Income Tax Act, 1995 as follows: If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and shall, in the discretion of the court, also be liable to fine. Explanation For the purpose of this section, a wilful attempt to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof shall include a case where any person- (i) has i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. That apart, the petitioner had paid the entire tax amount on 18.03.2018 and the respondent had also acknowledged the same by the acknowledgment dated 24.03.2018. Therefore, the offence under Section 276 (c ) (2) of the Income Tax Act is not at all attracted as against the petitioner herein, and the entire criminal proceedings pending against the petitioner is nothing but clear abuse of process of law. As such it cannot be sustained as against the petitioner and it is liable to be quashed. 8. In view of the above discussion, this criminal original petition is allowed. Accordingly, the entire proceedings in E.O.C.No.608 of 2017 on the file of Additional Chief Metropolitan Magistrate(Economic Offences), Egmore, Chennai is quashed. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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