Assessee filed its return of income based on self-assessment. Subsequently the assessee has paid the tax with interest. Penalty imposed was challenged and pending before Appellate Authority. The prosecution was launched against the petitioner. The petitioner filed petition to quash the complaint and further proceedings. Allowing the petition the Court held that there was no concealment of any source of income or furnishing of inaccurate particulars regarding any assessment or payment of tax by assessee. There was only a failure on part of assessee to pay tax in time which was later on paid after availing instalment facility with interest. Mere failure to pay income tax based on self assessment would not constitute offence under section 276C(2). Proceedings were to be set aside.