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Income Tax - Highlights / Catch Notes

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HC considered a case involving offences u/s 276 C (2) r/w sec ...


Petitioners filed tax returns without paying tax, but paid in full when notified. No intent to evade tax found. Offence Proceedings quashed.

June 17, 2024

Case Laws     Income Tax     HC

HC considered a case involving offences u/s 276 C (2) r/w sec 278 B of Criminal Procedure for Economic Offences. Petitioners filed returns without paying tax, attributing it to auditors' mistake. They paid the tax upon realization. Citing M/s. Bejan Singh Eye Hospital Pvt. Ltd, HC held a positive act is needed to establish guilt u/s 276 C (2). Since petitioners paid tax with interest upon notice, showing no intent to evade tax, proceedings were quashed. Criminal Petition allowed, proceedings against petitioners quashed by HC.

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