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Income Tax - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Section 276B criminalizes failure to deduct tax at source (TDS) ...


TDS evasion case quashed after full payment with interest. No need for prosecution.

Case Laws     Income Tax

September 18, 2024

Section 276B criminalizes failure to deduct tax at source (TDS) as required under Chapter XVII-B or pay tax u/s 115-O or second proviso to Section 194B. The accused made various payments without deducting TDS. However, if no TDS was deductible, Section 276B is inapplicable. Since the accused paid the entire amount with penal interest, continuing prosecution is unnecessary. The High Court allowed the case, quashing further proceedings against the accused before the Magistrate's Court for economic offenses.

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