Fusion Engineering Products (P.) Ltd. v. UOI (2024) 296 Taxman 202 (Jharkhand)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Pendency of proceedings before BIFR-Reasonable cause-TDS deposited before issue of notice-Criminal proceedings are quashed.[S.278AA]

Complaint was filed against assessee company for delay in depositing TDS amount. The petitioner filed the criminal miscellaneous application to quash the proceedings on the ground that  the  entire TDS amount had been deposited before issuance of notice and delay was due to pending BIFR proceeding since 1991 and industrial sickness of company.  Allowing the petition the Court held that  pending BIFR proceedings and industrial sickness constituted a reasonable cause for delay in deposit of TDS amount within stipulated time  due reasonable cause, section 278 AA will apply. Accordingly the  order as well as entire criminal proceeding were quashed against assessee and directors. Followed, Dev Multicom (P) Ltd v. State of Jharkhand  (2022) 138 taxmann.com 538/ (2023) 454 ITR 48/ 2022 SCC Online  Jhar 537, SLP dismissed, A.M. Enterprises v. State of Jharkhand (W.P. (Cr.) No 577 of 2022 dt. 3/22-22 8-2023)  (AY. 2012-13)