S. 276CC : Offences and prosecutions-Failure to furnish return of income – Return filed late-Directors of the firm held guilty-Sent to rigorous imprisonment for six months. [S. 139, 278E, CPC, 248(2), 313]
The accused was having taxable income for A.Y. 2014¬-2015. The director of the company by written submission stated that the profit of company had reduced for A.Y. 2014-¬2015 and the accused has financial difficulties, therefore, the return was not filed. As the accused have failed to file their return within stipulated time. However the Commissioner was not satisfied with the explanation hence the complaint was filed with the competent magistrate court. The audit report is the crux of the case which is a document of the accused and not denied by them wherein the amount is given. In the balance sheet the profit of Rs.10,00,00,000/¬ and turnover of Rs.1,19,00,00,000/¬ is mentioned. Accused have certain sources to file the return, even though they did not file the same. Defence witness has admitted that the audit report is found in their business premises. The Court held that the accused failed to prove the delay in filing of the return and they are habitual offenders. Accordingly the Court awarded minimum six months of rigours imprisonment as prescribed under section 276CC of the Income -tax Act. C. C. NO.276/SW/2018 dt. 17-4-2023) (AY. 2015-16)
ITO v. Saloni Jewellers Pvt. Ltd. (Add. Chief Metropolitan Magistrate (Mum.)
ITO v. Jitendra Patechand Jain (Add. Chief Metropolitan Magistrate (Mum.)
ITO v. Kiran Patechand Jain (Add. Chief Metropolitan Magistrate (Mum.)
Editorial : Bail is granted the appeal is proposed to be filed before Session Court.