For the financial year 2012-13 the Revenue has charged compounding gee of at the rate of three percent. For the financial year 2013-14 and 2015-16 the compounding fee was charged at the rate of five percent. Revenue also charged compounding fee to all the directors instead of treating only one director treating him as principal Officer. On writ the Court held that the charge of compounding fee of 5 percent is affirmed. However as regards compounding fee by all directors instead one director, directed to re examine especially in the year 2012-13 the compounding fee was levied only on one of director (Mr.Aman Gulati) and not other directors. Directed to pay the compounding fee. (Financial year 2013 14 to 2015-16)
Maspar Industries (P) Ltd v.CCIT ( 2023) 333 CTR 10 / 221 DTR 452 ( Delhi)( HC)
S. 279 : Offences and prosecutions-Compounding of offences-Compounding fees-Failure to deposit tax deducted at source-Subsequent offences-Compounding fee of 5 percent is affirmed-Compounding fee by all directors instead one director, directed to re examine.[S. 2(35), 276B, 278B, Art. 226]