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Income Tax - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Offence u/s 276C(2) - Default in payment of tax and payment of ...


High Court Quashes Prosecution u/s 276C(2) Due to Lack of Willful Intent to Evade Taxes.

February 1, 2022

Case Laws     Income Tax     HC

Offence u/s 276C(2) - Default in payment of tax and payment of the tax in instalment - proof of mens rea - This Court is of the view that the prosecution in this case is nothing but shear waste of time and there was no intention or willful attempt made by the Assessee to evade the payment of tax. Only he expressed his inability and mere failure to pay a portion of the tax cannot be construed to mean that he has wilfully attempted to evade the payment of tax. - Prosecution proceedings quashed - HC

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