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Income Tax - Highlights / Catch Notes

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Prosecution u/s 276C (2), 276CC and 276C (1) - willful attempt ...


Tax Evasion Case Quashed; Court Orders Fresh Examination to Identify True Beneficiary in Transactions.

March 5, 2024

Case Laws     Income Tax     HC

Prosecution u/s 276C (2), 276CC and 276C (1) - willful attempt to evade the payment of tax and the penalty under Income Tax Act - Assessment u/s 143(3) r.w.s 153A - The High Court set aside the assessment order passed by the ITAT and remanded the matters for fresh disposal. The court directed the Assessing Officer to examine the issue in light of relevant material to determine the real beneficiary of the transactions. - As the order of assessment itself was set aside, the court held that the initiation of prosecution against the petitioner could not be sustained. Therefore, the criminal complaints filed against the petitioner were quashed.

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