Footcandles Film (P.) Ltd. v. ITO [2023] 453 ITR 402 / 333 CTR 612 /146 taxmann.com 304 (Bom)(HC)/Editorial : SLP of Revenue is dismissed , ITO v. Footcandles Film (P.) Ltd. (2023) 295 Taxman 410 (SC)

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner –Tax deduction at source – Compounding application – Application was filed beyond twelve months- Rejection of application was set aside. [S. 200,276B, 278B, 279(2), Art, 226]

Assessee voluntarily deposited TDS due to be credited to Central Government along with penal interest liability, though beyond the time stipulated, but before any demand or show-cause notice was issued upon it. Order of Chief Commissioner (TDS) rejecting assessee’s application for compounding of the offence charged u/s. 276B r.w.s.287B on the ground that the same was filed beyond twelve months which was contrary to the provision of s. 279(2) and thus the order is liable to be set aside. (AY. 2010-11)