The assessee challenged the order for sanctioning of prosecution for delay in depositing the TDS amount. Allowing the petition the court held that explanation given by the assessee was neither doubted nor rejected. Before issuance of show-cause notice, the TDS was deposited voluntarily by the assessee-company along with the interest; the delayed compliance of provision of deducting and depositing TDS alone shall not suffice for grant of prosecution sanction. Hindustan Steel Ltd. v. State of Orissa (1969) 2 SCC 627 (AY. 2014-15)
Fortune Infovision (P) Ltd. v. CIT (2025) 174 taxmann.com 648/ 345 CTR 752 / 251 DTR 263 (Raj)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Belated deposit of TDS-Voluntarily deposited TDS along with interest before issuance of show cause notice-Delayed compliance of provision of deducting and depositing TDS would not suffice for grant of prosecution sanction. [S. 279, Art. 226]
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