The High Court quashed criminal proceedings and orders passed by the Special Economic Offences court taking cognizance against the assessee of offences under sections 276B and 278B of the Income-tax Act, 1961 holding that the tax deducted at source in all the cases had been deposited with interest, that there was some delay in depositing the tax, that apart from one or two cases, the deducted amounts were not more than Rs. 50,000, and the Instruction of the Central Board of Direct Taxes mentioned that prosecution under section 276B shall not normally be proposed when the amount involved or the period of default was not substantial and the amount in default had been deposited in the meantime to the credit of the Government. SLP of Revenue is dismissed. AY.2017-18)
ACIT v. At-Dev Prabha (JV) and Ors (2023)454 ITR 59/ 293 Taxman 172 (SC) Editorial : AT-Dev Prabha (JV) v. State Of Jharkhand (2023)454 ITR 48 (Jharkhand )(HC), affirmed
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Failure due to inadvertence-Deposited tax deducted at source with interest Though After Delay-Instruction F. No. 255/339/79-IT(Inv.) dated May 28, 1980-Prosecution orders were quashed-SLP of revenue dismissed. [S. 201(1), 201(IA), 278AA, 278B, 279(1), Rules 30(2), Criminal Procedure Code, S.482]