Compounding of offences under section 279(2) of IT Act, 1961

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..... request of the assessee for having the offence compounded should not ordinarily be recommended to the Board. 2. The provisions of section 279(2) give a discretion- to the Commissioner to compound any offence under the I.T. Act and this discretion is an unfettered one. Even so it has to be exercised in a judicial manner. Although it is neither possible to precisely lay down all the circumstances i .....

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..... aining a conviction; iv). In cases where subsequent to the launching of prosecution fresh evidence becomes available which may show that the case for the prosecution is weals and the assessee is agreeable to have the offence compounded it may be advisable to compound the offence and not to proceed with the prosecution. 4. Ultimately the answer to the question whether the prosecution should be c .....

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