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Income Tax - Highlights / Catch Notes

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Offence u/s 276CC - petitioner prime facie found that the ...


Appeal Dismissed: Insufficient TDS Defense Fails in Tax Return Non-Filing Case; Proceedings to Continue Promptly.

February 28, 2024

Case Laws     Income Tax     HC

Offence u/s 276CC - petitioner prime facie found that the non-filing of the return was wilfull - Economic Offences - The petitioner's argument that the tax liability was covered by Tax Deducted at Source (TDS) was refuted, as the TDS amount was insufficient. - The High court emphasized the statutory presumption u/s 278E, shifting the burden onto the petitioner to prove absence of wilfulness. - High court dismissed the petitioner's appeal and directed the lower court to proceed with the proceedings, with a timeline for completion.

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