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TMI BlogStreamlining of procedure for identification and processing of case for Prosecution under Direct Tax Laws- matterX X X X Extracts X X X X X X X X Extracts X X X X ..... y in cases of technical offences. Inspite of Action plan targets, many regions have not filed even a single prosecution case in a year. 2. In order to ensure that prosecution provisions are effectively implemented so as to create adequate deterrence against tax evasion, I am directed to inform the following revised procedure for identification and processing of cases for launching prosecution. This procedure will regulate the launching of prosecution for offences under Direct Tax laws with effect from 01.05.2008 and this procedure will not apply to a case where the prosecution has already been launched. 3. Identification and processing of potential prosecution cases: 3.1 The following categories of offences shall be processed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tstanding tax, interest, penalty or any other sum amounting to more than Rs.1 lakh for 180 days or more after its final determination i.e. after giving effect to appellate orders, if any, shall be processed for filing prosecution complaint. The case for prosecution under this section shall be processed by assessing officer/TRO preferably within 60 days of expiry of the said period. (v). Offences u/s 276D: Failure to produce accounts and documents The following cases shall be processed for filing prosecution complaint:- (a) Cases, where an assessee wilfully fails to produce any books of accounts and/or documents involving transaction of Rs. five lakhs or more and penalty u/s 271(1) (b) has been co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for any offence against which prosecution has been initiated, then the officer initiating prosecution in the main case, shall preferably initiate prosecution under this section simultaneously. 3.2 Whereas the cases falling in various categories enumerated in para 3.1 above shall be processed for launching prosecution, for offences u/s 275A, 275B, 276, 276 (prior to 1.4.76), 276 (w.e.f. 1.4.89), 276A, 276AA, 276AB, 276CC, 276CCC and 277 of the I.T. Act, 1961, each case should be examined and decision may be taken on the facts of each case. Similarly, for offences committed under Wealth Tax Act and in respect of BCTT and STT decision may be taken on the facts of each case. 3.3 All cases, where searc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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