| COURT: | Karnataka High Court |
| CORAM: | John Michael Cunha J |
| SECTION(S): | 276B |
| GENRE: | Domestic Tax |
| CATCH WORDS: | prosecution, TDS default |
| COUNSEL: | Muniyappa |
| DATE: | April 26, 2019 (Date of pronouncement) |
| DATE: | June 27, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 276B TDS Prosecution: Mere delay in depositing TDS within the time limit prescribed in S. 200 & Rule 30 is an offense sufficient to attract s. 276B. The fact that the TDS has been deposited subsequently does not absolve the offense. The fact that penalty u/s 221 has not been levied is not relevant because there is an admitted delay in depositing TDS. | |
Once a statute requires to pay tax and stipulates period within which such payment is to be made, the payment must be made within that period. If the payment is not made within that period, there is default and an appropriate action can be taken under the Act. Interpretation canvassed by the learned counsel would make the provision relating to prosecution nugatory
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