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of <h1>Court quashes criminal case under Income Tax Act finding no willful tax evasion</h1> <h3>Shri Kewalchand Kothari Versus The Deputy Commissioner of Income Tax, Central Circle-1 (1),</h3> Shri Kewalchand Kothari Versus The Deputy Commissioner of Income Tax, Central Circle-1 (1), - TMI Issues:Challenge to criminal proceedings under Section 276(c)(2) of the Income Tax Act, 1961.Analysis:The respondent initiated criminal proceedings against the petitioner for willful failure to pay tax under Section 276(c)(2) of the Income Tax Act. The petitioner, an assessee, disclosed undisclosed income during a search conducted under Section 132 of the Income Tax Act. It was alleged that the petitioner failed to file the return of income for the assessment year 2013-2014 as required by law. The respondent issued a show cause notice, claiming the petitioner committed an offense under Section 276(c)(2) for non-payment of a substantial tax liability.The petitioner argued that upon filing the return of income and paying the demanded tax amount, he should not be punished under Section 276(c)(2) of the Income Tax Act. The petitioner contended that there was no willful attempt to evade tax, as he voluntarily disclosed the undisclosed income during the inspection. The petitioner also highlighted that due to the seizure of relevant book of accounts by the respondent, he could not file the return of income within the stipulated time frame.Upon examination of the facts, it was revealed that there was a delay in payment of income tax by the petitioner. However, the petitioner eventually paid the tax as demanded by the respondent. The provisions under Section 276(c)(2) of the Income Tax Act were scrutinized, emphasizing the requirement of a willful attempt to evade tax, possession of books with false entries, and making false entries in accounts. The court noted that the petitioner's actions did not demonstrate a willful intent to evade tax, especially considering the voluntary disclosure of undisclosed income and the eventual payment of the tax liability.Consequently, the court allowed the criminal original petition, quashing the entire proceedings against the petitioner. The court deemed the criminal proceedings as an abuse of process of law and unsustainable against the petitioner, leading to the closure of connected miscellaneous petitions.
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