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Section 276C(2) requires a deliberate, intentional and conscious attempt to evade payment of tax, penalty or interest; mere delay or non-payment without mens rea does not meet the requirement of a wilful attempt. The notes state that a prosecution complaint must identify specific acts demonstrating such intent and cannot rest on vague assertions. Requests for time after business closure, periodic payments with interest, and full discharge of the admitted liability before process were treated as indicating bona fides rather than evasion. They further state that criminal process must reflect the Magistrate's application of mind to the material facts and statutory ingredients; the complaint and process order were quashed for failure to disclose a prima facie offence.
Section 276C(2) requires a deliberate, intentional and conscious attempt to evade payment of tax, penalty or interest; mere delay or non-payment without mens rea does not meet the requirement of a wilful attempt. The notes state that a prosecution complaint must identify specific acts demonstrating such intent and cannot rest on vague assertions. Requests for time after business closure, periodic payments with interest, and full discharge of the admitted liability before process were treated as indicating bona fides rather than evasion. They further state that criminal process must reflect the Magistrate's application of mind to the material facts and statutory ingredients; the complaint and process order were quashed for failure to disclose a prima facie offence.
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