2025 (7) TMI 610 - SCH - Income Tax

Offence punishable u/s 276B r/w Sec.278AA - accused are running an education institution at Coimbatore and are liable to deduct tax at source in respect of expenditure covered by the provisions of Chapter XVIIB of the Income Tax Act 1961 As decided by HC 2024 (8) TMI 47 - MADRAS HIGH COURT admittedly the fact reveals that there is a delay on the part of petitioners and they have subsequently remitted the tax amount and delay is not caused wantonly but only due to the concerned staff left the concern on maternity leave the delay was caused. Furthermore it was subsequently rectified and thereafter they have deducted the tax amount properly and remitted the same without any delay. So on seeing the conduct of petitioners the proceedings initiated against them is liable to be quashed. HELD THAT - We see absolutely no reason to interfere with the order of the High Court in exercise of our jurisdiction under Article 136 of the Constitution of India. However question of law if any is kept open. The present petition is accordingly dismissed along with pending application(s) if any.

Summary

The Supreme Court, in a Partial Court Working Days Bench comprising Hon'ble Mr. Justice Sudhanshu Dhulia and Hon'ble Mr. Justice Joymalya Bagchi, heard the petition with counsel for the petitioner present. The Court condoned the delay and declined to interfere with the High Court's order under its jurisdiction conferred by Article 136 of the Constitution of India. The Court expressly stated, "We see absolutely no reason to interfere with the order of the High Court." However, it left open "question of law, if any." The petition was dismissed along with any pending applications.