Golden Gate Properties Ltd. v. Income-Tax Department DCIT (TDS) (2019) 416 ITR 399/ 265 Taxman 213 (Karn.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–No reasonable cause was shown for delay -Launching of prosecution is held to be valid. [S.201, 278AA, 279]

The prosecution was launched against the petitioner for alleged offences punishable u/s. 276B read with S. 278B of the Act based on the survey conducted on the assessee. The assessee moved the petition to quash the proceedings. Dismissing the petition the Court held that, the material placed on record prima facie disclosed that the assessee had deducted tax at source but failed to credit it to the account of the Central Government within the prescribed time. The amount was credited subsequent to an Income-tax survey. The prosecution under section 276B read with section 278B was valid. (AY. 2011-12, 2012-13)