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2022 (1) TMI 1265 - HC - Income TaxProsecution initiated for the offence u/s 276CC - as alleged assessee has not filed Return of Income for the Assessment Year 2014-15 - HELD THAT:- The only criteria to initiation of prosecution is that there must be a wilful failure to furnish Return as required under Section 139(1) or failure to file Return after notices issued under Section 142 or 148 of the Act. As the offence under Section 276CC is attracted on failure to comply with the provisions of Section 139(1) or failure to respond to the notice issued under Section 142 or Section 148 of the Act within the time limit specified therein the very allegation in the complaint itself indicate that the assessee has not filed their Return of Income for the Assessment Year 2014-15. The statement also indicates that the assessee has earned substantial income for which TDS has been deducted under Section 194C and 194H of the Income Tax Act during the financial year 2013-14. Show cause notice also issued on 26.07.2017. Despite the above Return has not been filed. Therefore, it is alleged that there is a wilful failure to file a Return. Considering the penal provision which makes it punishable under Sections 276-CC for non filing of Return and wilfully concealed its true and correct income. This Court is of the view that the contention of the leanred counsel for the petitioner cannot be countenanced. Accordingly, the Petition is liable to be dismissed.
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