Dismissing the petition of the Revenue the Court held that the assessee explained reasons, in detail, about delay in filing income-tax returns and depositing entire tax amount with penalty subsequently, it showed that assessee had no mens rea to evade payment of tax and, prosecution under section 276CC is rightly quashed by the Court. (AY. 1978-79)
ITO v. Rajendra Prasad Vaish (2024) 471 ITR 179 /161 taxmann.com 711 (Raj) (HC)
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Interest is levied-Presumption that office has extended the time for filing of return-No mensrea-Criminal appeal of Revenue is dismissed-Judgement of acquittal is affirmed-Delay in filing income-tax return-Entire tax is deposited.[S. 139, 142, 148, 278E]
Leave a Reply