Answers On Topic: Prosecution
Assessee is charitable trust having object of Education . During the year due to financial difficulties could not make the payment of TDS in time , however before receiving any notice from the department paid the TDS along with the interest . Now PCIT has issued SCN U/SEc. 276B/276BB of the Act. Assessee trust has submitted detailed reply stating the reasons for delay . however the PCIT has decided to initiate the prosecution proceedings . whether he is justified in law ? is there any remedy available ? whether the assessee should filed the WP before the HC? pl guide
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ITO HAS FILED PROCEEDING U/S 279 RWS 276 OF I T ACT IN LOWER COURT. CAN WE APPLY FOR QUASHING THE SAME TO HIGH COURT U/S 482 OF CRPC IF YES, ANY DRAFT REQUESTING APPLICATION FOR THE SAME -CA KAMLESH JAIN +91-9820012145
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Assessee is private limited co and has taken the loan from NBFC co. In the year 2021-22, how ever due to financial crises could not make repayment as scheduled . Interest is provided in books and TDS is also made , however TDS has not paid. In the year Assesssee co did OTS with co by paying lumpsump payment where as per OTS entire interest was waived . ASSESSEE CO REceived SHOWCAUSE NOTICE FOR PROSECUTION FOR NON PAYMENT OF TDS from FY 21-22.. Pl guide.
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A COMPANY HAD DEDUCTED TDS OF RS. 50 LACS WHICH WAS PAID LATE BY 7 MONTHS DUE TO COVID 19 AND FINANCIAL CRISIS. THE SAID TDS WAS PAID LATE WITH APPLICABLE INTEREST AND LATE FEES. ALSO THE TAX WITH INTEREST AND RETURN WITH LATE FEES WAS FILED VOLUNTARILY BEFORE RECEIVING ANY NOTICE. NOW AFTER 2 YEARS, THE DIRECTOR HAS RECEIVED NOTICE FOR INIATIATING PROSECUTION AS THE COMPANY HAD COMMITTED DEFAULT AND IS A PERSON IN DEFAULT. WHAT REPLY SHOULD BE FILED TO AVOID PROSECUTION?
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Assesseee is private limited company. In addition to Remuneration to Directors , Incentive is paid to them on the basis of profit of the company after finalization of audited accounts and immediately Tax is deducted an paid in the month of June every year. Co is received show casue Notice as to why prosecution should not be made on the ground of not deduction tax on monthly basis and delay in payment of same. Company take a stand that since the incentive is link with finalization of accounts , it can not determined the amount of incentive and therfore there…
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Good evening sir. The assessee has sold a residential property and has not filed the return of income. On receipt of notice u/s 148, the return was filed and tax was paid. However, during the course of assessment proceedings, the cost of acquisition and development was reduced by the assessing officer and accordingly demand is raised. The assessee has given the sale consideration received as loan to a company, which is in the process of winding up. Hence, the assessee is not in a position to pay the taxes. If the demand is finalised assuming that the assessee loses the…
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Assessee is a Senior citizen , he was one of the Director in a company . The department has launched prosecution against all the Directors including the assessee. The assessee has moved an application for discharging him as he was not involved in day to day activities of the company . Magistrate, dismissed his application for discharge , what is the remedy ?
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Can the prosecution be initiated during the pendency and before the completion of assessment or during the pendency of Appeal before the appellate authority?
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Prosecution proceedings for delay in payment of TDS