Saumya Chaurasia v. UOI [2025] 181 taxmann.com 304 / (2026) 348 CTR 353 (Delhi)(HC)

S. 276C: Offences and prosecutions-Wilful attempt to evade tax-Sanction-Where tax sought to be evaded exceeds Rs. 25 lakhs, approval of the Principal CIT as sanctioning authority is sufficient for prosecution under section 276C-CBDT Circular No. 24 of 2019, Circular No. 5 of 2020.[S. 119(2)(b), 278E, 279, Art.14, 226]

The tax allegedly sought to be evaded exceeded Rs. 25 lakhs, and the prosecution was sanctioned by the Principal CIT. On writ, the assessee contended that approval of a collegium of two Chief CIT/Director General of Income-tax rank officers was necessary. The High Court held that, under CBDT Circular No. 24 of 2019, as clarified by Circular No. 5 of 2020, cases involving tax evasion exceeding Rs. 25 lakhs require approval of the sanctioning authority, namely the Principal CIT, whereas the requirement of approval by a collegium applies to specified smaller cases. Accordingly, the sanction granted by the Principal CIT was valid. (AY. 2011-12, 2012-13, 2014-15, 2017-18, 2019-20, 2020-21 & 2022-23)

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