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TMI BlogClarification for compounding of offences of directors etc. in the context of TDS/TCS related prosecutions.X X X X Extracts X X X X X X X X Extracts X X X X ..... ruary, 2015 To, All PCCsIT/CCsIT/PDGsIT/DGsIT Madam/Sir, Sub : Clarification for compounding of offences of directors etc. in the context of TDS/TCS related prosecutions. I am directed to refer to the Guidelines for compounding of offences issued by the Board vide F. No. 285/35/2013 IT (Inv. V) dated 23.12.2014 Doubts have been expressed by the filed formations in the context of TDS relate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (ii) Sub Section (2) lays down that where it is proved that the offence was committed with the consent convenience of, or it attributable to any neglect of any director, manager, secretary or other officer, such person also be deemed to be guilty of the offence and shall be proceeded against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h it are not to be prosecuted for the offence committed by the company. Only those directors/persons, who were in charge of, and responsible to the company for the conduct of the business or to whom the consent/connivance/neglect etc mentioned in section 278B could be attributed, are to be proceeded against. In the light of these provisions, in the case of a company prosecution is initiated agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny for compounding of the TDS/TCS related offence may be charged from each of the directors seeking compounding. 5. It is further clarified that in such cases, compounding applications of directors shall be considered only if the company itself has applied for compounding and its case has been found fit for compounding. 6. These clarifications may be read as part of the Board's guidelines for co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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