Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Service of notice and a subsequent order under the Act were treated as sufficient to set criminal proceedings in motion for wilful failure to deposit tax deducted at source under Section 276B. The High Court held that due service had been established, and the applicants could not resist prosecution by claiming ignorance when continued non-compliance after notice disclosed a prima facie case of wilful default. The objection of non-service was treated as a disputed factual issue for trial, not a ground for quashing in inherent jurisdiction. The fact that the offence was compoundable did not justify termination of the prosecution absent settlement. The applications for quashing were dismissed.
Service of notice and a subsequent order under the Act were treated as sufficient to set criminal proceedings in motion for wilful failure to deposit tax deducted at source under Section 276B. The High Court held that due service had been established, and the applicants could not resist prosecution by claiming ignorance when continued non-compliance after notice disclosed a prima facie case of wilful default. The objection of non-service was treated as a disputed factual issue for trial, not a ground for quashing in inherent jurisdiction. The fact that the offence was compoundable did not justify termination of the prosecution absent settlement. The applications for quashing were dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
