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JASJIT SINGH BEDI
Hansa Metallics Limited – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint No.1368 of 2014 dated 01.04.2014 (Annexure P-6) under Sections 276C read with Section 278B of the Income Tax Act, 1961, the impugned order dated 20.08.2018 (Annexure P-7) vide which a prima facie case is stated to be made out, the order dated 06.09.2018 (Annexure P-8) vide which the charges have been framed and all subsequent proceedings arising therefrom.
2. The brief facts of the case as emanating from the pleadings are that the petitioner No.1 is a Limited Company and is assessed to tax by the respondent. The petitioner Nos.2 to 4 are the Directors of petitioner No.1.
3. The petitioner No.1 filed its return for income for Assessment Year 2012-13 on 29.09.2012 declaring a total income of Rs. 8,20,53,544/-. As per the aforesaid return of income, the self-assessment of tax of Rs. 2,10,91,150/- was pending on 29.09.2012. From the perusal of the assessment record, it was found that the self-assessment tax under Section 140A(3) of the Income Tax Act, 1961 of Rs. 2,10,91,150/- has actually been paid as follows:-
| Dated | Amount | Head |
| 10.07.2013 | Rs. 2,10,9 |
Delayed payment of income tax does not constitute tax evasion under Section 276C of the Income Tax Act, requiring evidence of willful intent to evade tax for prosecution.
object of launching criminal prosecution for wilful default in complying with the provisions of the Income Tax Act is to prevent evasion of tax
Willful default in tax payment under Section 276 C (2) requires proof of intentional evasion; mere delay, along with demonstrated financial difficulties, does not suffice for prosecution.
The main legal point established is that the failure to remit tax, without evidence of a wilful attempt to evade tax, does not constitute an offence under Section 276 C (2) of the Income Tax Act.
The main legal point established in the judgment is the significance of timely filing of the Return of Income, the consequences of wilful attempt to evade tax, penalty, and interest chargeable, and t....
It is not the case of the Income Tax department that the self assessment tax returns which were filed had an element of concealment on any factual aspects and tried to evade tax, which is liable to p....
Wilful attempt to evade tax under Section 276C of the Income Tax Act, 1961 requires something more than what is required for imposing a penalty under Section 271(1)(C) of the Act. There must be some ....
The determination of wilfulness in filing returns and paying taxes under the Income Tax Act, 1961 is a matter of fact to be adjudicated during trial, and the statutory presumption of culpable mental ....
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