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2010 (2) TMI 107 - HC - Income TaxCriminal Liability under section 276CC – Failure to furnish return of income – The assessee ought to have filed his returns for the assessment year 1991-92 and 1992-93 on or before August 31, 1991, and August 31, 1992, respectively but returns were filed belatedly on August 31, 1994 and March 28, 1996 respectively, after issue of notices under section 142 and 148. held that since the assessee had not filed the returns in time, mere payment of interest/ penalty would not absolve his criminal liability. Hence the trial court committed an error in acquitting the assessee. The department had proved that the assessee was guilty of the offence under section 276CC beyond reasonable doubt. The assessee was guilty of offence under section 276CC and liable to be convicted.
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