Assessee was engaged in imparting engineering and management education.During relevant assessment years, assessee deducted tax at source but failed to credit same into Central Government account within stipulated time frame. Commissioner filed criminal complaints against assessee for offence under section 276B. The assessee contended that 90 per cent of students were admitted on fee reimbursement scheme and assessee had furnished information that they did not receive fee reimbursement from State Government within time and immediately after receiving fee reimbursement amount, they had remitted amount to Central Government account along with interest for late payment under section 201(1)(a).High Court held that since tax deducted at source could not be remitted to Central Government within time due to delay in grant of fee reimbursement by State Government, assessee was able to establish reasonable cause in view of section 278AA and thus, criminal prosecution against assessee was not warranted. SLP filed by revenue was dismissed. (AY. 2014-15, 2015-16 and 2016-17)
ITO (TDS) v. Aditya Institute of Technology and Management (2025) 304 Taxman 661 (SC) Editorial : Aditya Institute of Technology and Management v.State of Andhra Pradesh (2024) 163 taxmann.com 738 (AP)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Tax deducted at source could not be remitted to Central Government within time due to delay in grant of fee reimbursement by State Government-Reasonable cause-High Court quashed the criminal prosecution- SLP of revenue dismissed. [S.201(1)(a),278AA, 279, Art. 136]
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