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2024 (1) TMI 1227 - HC - Income TaxProsecution u/s 276C (2) - petitioners had delayed to pay self-assessment tax - whether delayed payment alongwith the interest could be termed as evasion of tax? - HELD THAT:- The judgments in Confident Projects (India) (P.) Ltd [2021 (2) TMI 75 - KARNATAKA HIGH COURT], S.P. Velayutham [2022 (2) TMI 50 - MADRAS HIGH COURT] and M/s Health Bio Tech Ltd. & others (2023 (9) TMI 1229 - PUNJAB AND HARYANA HIGH COURT] have categorically held that delayed payment of income tax would not amount to evasion of tax. In the instant case Return for the total income for the year 2012-13 was filed on 29.09.2012 for amount of Rs. 8,20,53,544/-. The tax was self-assessed for an amount of Rs. 2,10,91,150/-. On account of the financial state of the company which remains debatable, the tax alongwith interest was paid on 10.07.2013. However, the show cause notice for delayed payment was sent only on 11.02.2014 and 24.02.2014 pursuant to which the complaint came to be instituted. Therefore, by no stretch of imagination can it be held that there was any evasion of tax on the part of the petitioners, though there was a delay in the payment of the tax for which interest stands levied and paid. Petition allowed.
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