| COURT: | Gujarat High Court |
| CORAM: | Akil Kureshi J, B. N. Karia J |
| SECTION(S): | 276C, 279 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | compounding fee, compounding of offences, prosecution |
| COUNSEL: | Darshan Patel |
| DATE: | September 17, 2018 (Date of pronouncement) |
| DATE: | September 29, 2018 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 276C/ 279 Compounding of offenses: The expression "amount sought to be evaded" in CBDT's compounding guidelines dated 23.12.2014 means the amount of "tax sought to be evaded" and not the amount of "income sought to be evaded" | |
In the prescription of punishment thus, when there is a reference to amount sought to be evaded, it must be seen in light of the willful attempt on the part of the concerned person to evade tax, penalty or interest. This provision thus, links the severity of punishment on the amount sought to be evaded and thus, in turn has relation to the attempt at evasion of tax, penalty or interest. Thus, when the CBDT circular refers to the amount sought to be evaded, it must be seen and understood in light of the provisions contained in section 276C(1) and in turn must be seen as amount sought to be evaded. 100% of tax sought to be evaded would be the basic compounding fees
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