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2020 (3) TMI 1119

..... vate Limited has not remitted the TDS in time. It has partially remitted with interest but still remittence of TDS is due. Mere representation to defer action will not and cannot stop the authorities proceeding in accordance to law. The interim relief granted to the petitioners is to operate the bank account with minimum balance of ₹ 1.62 Crores by itself an indication that the petitioners have not cleared the entire due. Even otherwise, the interim order of the Court dated 08.01.2016, goes to show that only after the coercive measure of freezing the petitioners account, the Income Tax Department were able to recover about ₹ 8 Crores. While so, the petitioners, who have failed to pay TDS in time and what little paid was paid wit .....

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..... CE G.JAYACHANDRAN For the Petitioners : Mr.AN.Ramanathan For the Respondent : No appearance ORDER Aggrieved by the penal action initiated by the Income Tax Department against the petitioners for non remittence of TDS in time, the present criminal original petitions are filed under Section 482 of Cr.P.C., to quash the criminal proceedings in C.C.No.23 of 2016 dated 27.11.2015 relating to Assessment Year 2013-14 on the file of the first respondent in the Court of the Judicial Magistrate No. 1, Tiruchirappalli. 2.According to the petitioners, earlier when the Income Tax Department took coercive action of freezing of their bank account for non-payment of TDS due, W.P.No.39484 of 2015 was filed and interim order was granted on 11.01.2015. While .....

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..... in time and what little paid was paid with delay and interest cannot stale the prosecution on frivolous and flimsy ground. 4.In this case, the petitioners though deducted tax at source, not paid the same within the time prescribed. This action of initiating criminal prosecution after obtaining sanction from the appropriate authority cannot be termed as violative of principles of natural justice. 5.It is relevant at this juncture to refer the case of Madhumilan Syntex Ltd., and another Vs. Union of India and another reported in 2007 (11) SCC 297, wherein the Directors of the Company approached the Court seeking quash of the criminal prosecution on the ground that the tax deducted at source was paid with interest and there was reasonable caus .....

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