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Income Tax - Highlights / Catch Notes

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Prosecution proceedings for offence u/s 276C and 277 of IT Act - ...


Court Finds No Abetment in Tax Case: Wife's Claim of Ignorance Accepted, Section 278 Not Applicable.

January 14, 2021

Case Laws     Income Tax     HC

Prosecution proceedings for offence u/s 276C and 277 of IT Act - Mere showing ignorance by one of the assessees by maintaining that only her husband is aware of the return such conduct cannot be construed as abetment to atrract the offence under Section 278 of the Incomt Tax Act. To attract the offence of abetment there must be materials to show that she has instigated or invites her husband to commit offence. Therefore, this court is of the view that the offence under Section 278 not at all attracted against accused. - HC

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