Allowing the petition the Court held that the assessee had filed a revised return waiving off claims of deduction of long term capital gains / short term capital loss after search was conducted, is a case of delayed payment of tax. Accordingly the proceedings pending against assessee for offence punishable under section 276C(1) is quashed.
Anurag Bagaria v. ITO (2024) 158 taxmann.com 546 (Karn)(HC)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search-Revised return-Claims of deduction were not accepted-Would not amount to wilful evasion of tax.[S. 132,139(1), Code of Criminal Procedure, 1973, S. 482]
Leave a Reply